Kerala High Court
M. R. Ajayan vs Union Of India on 3 June, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:38756
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 3RD DAY OF JUNE 2025 / 13TH JYAISHTA, 1947
WP(C) NO. 18246 OF 2024
PETITIONER:
M. R. AJAYAN
AGED 58 YEARS
OFF/AT-GREEN KERALA NEWS, MATTAPPILLY HOUSE,
OCHANTHURUTH-POST, KOCHI, ERNAKULAM-DIST,
PIN - 682508
BY ADV SHRI.T.A.AJMAL HUSSAIN
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY (MINISTRY OF
FINANCE), DEPARTMENT OF REVENUE, NORTH BLOCK,
NEW DELHI, PIN - 110001
2 THE DIRECTOR
(DIRECTORATE OF ENFORCEMENT), PRAVARTANBHAWAN,
DR. APJ ABDUL KALAM ROAD, NEW DELHI, PIN -
110001
3 THE JOINT DIRECTOR
(DIRECTORATE OF ENFORCEMENT), COCHIN ZONAL
OFFICE, MULLASSERY CANAL ROAD WEST, COCHIN ,
ERNAKULAN-DIST, PIN - 682011
4 THE STATE POLICE CHIEF
(DIRECTOR GENERAL OF POLICE), POLICE HEAD
QUARTERS, THIRUVANANTHAPURAM, PIN - 695010
5 JASMIN SHAW
NATIONAL PRESIDENT, UNITED NURSES ASSOCIATION,
CAPITAL CITY, DOOR NO: 26/548/9, 2NDFLOOR,
CHEMBUKKAV, THRISSUR-DIST, PIN - 680020
2025:KER:38756
WP(C) NO.18246 OF 2024
2
BY ADVS.
SHRI.JAISHANKAR V.NAIR, SENIOR PANEL COUNSEL
GOVERNMENT PLEADER
SRI.P.M.RAFIQ
SRI.M.REVIKRISHNAN
SRI.AJEESH K.SASI
SRI.RAHUL SUNIL
SRUTHY N. BHAT
SMT.NIKITA J. MENDEZ
SMT.SRUTHY K.K
SMT.NANDITHA S.
SHRI.SOHAIL AHAMMED HARRIS P.P.
SRI.JAISHANKAR V.NAIR-CGC,
SRI.M.REVIKRISHNAN-R5,
SMT.SEETHA S-SR.PP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.06.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:38756
WP(C) NO.18246 OF 2024
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P.V.KUNHIKRISHNAN, J
--------------------------------
W.P (C) No.18246 of 2024
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Dated this the 03rd day of June, 2025
ORDER
The above Writ Petition is filed with the following prayers:
"i. The Writ Petition may kindly be admitted and Allowed.
ii. This Hon'ble Court may be pleased to issue a writ of mandamus commanding the 2 nd and 3rd respondents to consider Ext.P3 representation and register an Enforcement Case Information Report (ECIR) against 5th Respondent and others involved in the hawala deal, forthwith."
[SIC]
2. The main prayer in this Writ Petition is to issue direction to the 2nd and 3rd respondents to consider Ext.P3 representation and register Enforcement Case Information Report (ECIR) against the 5th respondent. A statement is filed by the 2nd and 3rd respondents. It will be better to extract the relevant portion of the same.
" 2. It is submitted that the 2nd Respondent, Directorate of Enforcement has received a complaint dated 05.04.2024 from the Petitioner, MR Ajayan, Editor, Green Kerala News, Kochi against Mr. Jasmin Shah, President of United Nurses Association, Thrissur. It was alleged in the complaint that one Mr. Jasmin Shaw who is the President of United Nurses Association, was engaged in major hawala deal during the Covid period. It is also alleged that 2025:KER:38756 WP(C) NO.18246 OF 2024 4 he collected crores of money for transporting the stranded nurses from the Middle East countries and Saudi Arabia to India.
3. It is submitted that from complaint it appears that Final Report dated 11.06.2019 has been filed in FIR No. 367/2019 by Crime Branch Police Station, Thiruvananthapuram before the Hon'ble Chief Judicial Magistrate Court, Thrissur arraying Mr. Jasmin Shaw as A-1 for offences under Section 120B, 406, 408, 420, 465, 468, 471, 201 and 34 of IPC. Hence, letter was issued to the Police authorities to obtain the certified copy of final report along with FIRs to examine the same from PMLA point of view. Further, discreet enquiries also made with the Banks to obtain the financial statements in respect of the alleged accounts to examine the same from money laundering point of view. The case is under preliminary investigation and the case will be initiated, if any specific information about Foreign Exchange Management Act, or Prevention of Money Laundering Act angle is noticed.
What is stated in the above paragraph nos.1 to 3 are correct to the best of knowledge, information and beliefs derived out of the records.
3. From the above it is clear that, the 2nd respondent received the complaint submitted by the petitioner and a preliminary enquiry is going on. Based on the preliminary enquiry, appropriate steps will be taken in accordance with law is the submission in the statement. If that is the case, no further direction is necessary. The 2nd respondent will do the needful in accordance with law as expeditiously as possible.
2025:KER:38756 WP(C) NO.18246 OF 2024 5 With the above observation, this Writ Petition is disposed of.
Sd/-
P.V.KUNHIKRISHNAN JUDGE SSG 2025:KER:38756 WP(C) NO.18246 OF 2024 6 APPENDIX OF WP(C) 18246/2024 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE FIR NO: CR.
367/CB/CU-IV/TVM/D/2019 DATED 11.06.2019 OF THE C B PS Exhibit P2 A TRUE COPY OF THE A FINAL CHARGE SHEET U/VIDE NO: 02/23 DATED 17.04.2023 BEFORE THE HON'BLE CJM COURT, THRISSUR; Exhibit P3 A COPY OF THE REPRESENTATION DATED 02.04.2024