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What Kerala High Court said on AAP versus BJP ‘slugfest’

In April 2021, days before the Kerala Legislative Assembly Election, a car travelling on the National highway near Kodakara in Thrissur was looted. The driver of the car filed a complaint that ₹25 lakh, which was supposed to be payable to one Dharmajan, was taken away. The amount involved was later found to be more than ₹3 crores.

According to Wilson, during the course of the investigation into the heist, it was found that unaccounted money was brought from Karnataka to Kerala for using in the election campaign of BJP as per the directions of BJP office bearers including Surendran.

In his PIL, Wilson contended that the Enforcement Directorate has delayed its probe into the money laundering activities that was unearthed in the investigation by the State Police. The delay makes it clear that without the Court’s intervention, the ED would not take action against the persons involved in the hawala transactions.

The hawala system refers to an informal and illegal channel for transferring funds from one location to another.

Wilson argued that the offences alleged in the case would be punishable under the Unlawful Activities (Prevention) Act (UAPA) and that the same ought to be investigated by the National Investigation Agency (NIA).

The hawala transactions is having hamful ramifications affecting economic security of India. The investigation under UAPA Act is warranted in the matter. Any act which affects the economic security of India is termed as terrorist act as per S.15 of the UAPA Act and hence a thorough investigation is warranted in the matter [sic]”, the PIL stated.

Wilson informed the Court had he had sent representations to the ED to take further action against the persons involved in the hawala transactions. Another representation was sent to the Central government and NIA seeking action under the UAPA and NIA Act.

However, no action has been taken in this regard, Wilson contended.

Therefore, he approached the High Court with the present PIL seeking directions to the concerned authorities to consider and take action on the representations he has sent them.

Source: Barandbench

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