In a significant development, the Kerala High Court has temporarily stayed the personal appearance of former Revenue Divisional Officer (RDO) Saji John and his wife Bindhu Saji before the CBI/Enforcement Directorate Special Court in Ernakulam. The interim relief will be in effect till July 3, 2025, pending further hearing in the matter.
The direction was issued by Justice A. Badharudeen while considering a plea challenging the issuance of summons without adhering to Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. This provision mandates that a magistrate or court cannot take cognizance of a complaint without first providing the accused an opportunity to be heard.
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“Section 223(1) puts an embargo on the power of the Court to take cognizance by providing that no cognizance of an offence shall be taken by the Magistrate without giving the accused an opportunity of being heard,”
— Supreme Court in Kushal Kumar Agarwal v. Directorate of Enforcement (2025)
The petitioners, represented by Advocates Arjun Varma and Rohith R., argued that the Special Court had acted in violation of this mandatory requirement when it issued the summons order dated March 7, 2025 (Annexure III), without giving them a chance to respond.
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Their argument relied heavily on the recent Supreme Court ruling in Kushal Kumar Agarwal v. Directorate of Enforcement [2025 KHC OnLine 6565 (SC)], which emphasized that failure to comply with Section 223(1) renders such cognizance orders legally unsustainable.
“An arguable point is made out to be decided in this case,”
— Justice A. Badharudeen, Kerala High Court
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The Enforcement Directorate (ED) has filed a complaint accusing Saji John of criminal misconduct during his tenure as a public servant and acquiring disproportionate assets in his and his wife’s names.
Considering the seriousness of the issue raised and the legal precedent, the High Court has postponed the requirement for the petitioners to appear before the Special Court. The matter will now be taken up for hearing on July 3, 2025.
Case Title: Saji John and Another v Assistant Director
Case No: Crl.MC 5631 of 2025
