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Gold smuggling: Kerala moves Supreme Court against shifting of trial to K'taka
The Kerala government, which has expressed its reservation against the Enforcement Directorate’s attempt to shift trial in the gold smuggling case to neighbouring Karnataka, has approached the Supreme Court against the federal agency’s move.
The Kerala government, which has expressed its reservation against the Enforcement Directorate’s attempt to shift trial in the gold smuggling case to neighbouring Karnataka, has approached the Supreme Court against the federal agency’s move.
A division bench of the Supreme Court is likely to hear on October 10 the ED’s petition seeking transfer of trial in the case to a special court in Karnataka.
On Saturday, Kerala additional chief secretary V Venu approached the apex court questioning the ED’s plan, claiming the federal anti-money laundering agency did not give any valid reason to shift the case out of the state. “The move will discredit the state apparatus,” Venu has said in his plea. “ED has made some sweeping comments about some political and bureaucratic positions without any substance.”
The state never obstructed the ongoing investigation in any manner, the plea added.
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A senior official said the Communist Party of India (Marxist)-led dispensation was apprehensive that if the case was shifted to another state, “it will be misused to settle political scores”. Some of the serious charges raised by main accused Swapna Suresh also worry the state government, the official said, requesting anonymity. “The government views it seriously and more pleas are likely to be filed by next week.”
Earlier, M Sivasankar, the senior IAS officer who is also an accused in the gold smuggling and money laundering cases, had filed an objection in the Supreme Court, claiming it was not proper to shift the case to another state after filing the charge sheet. Calling the move “politically motivated”, the officer requested the court not to take any decision without hearing him.
ED moved the Supreme Court in July seeking transfer of the case under the prevention of money laundering act (PMLA) filed in connection with gold smuggling to a special court in Karnataka. The agency claimed that senior officers of the agency were hounded by the state machinery and since influential people were involved, there were attempts to thwart investigation.
“Respondent M Sivasankar is one of the senior-most IAS officers in Kerala who at the relevant time when the offence under section 3 of PMLA was committed was the principal secretary to the chief minister of the state,” ED claimed in its petition before the top court. “He wields substantial power and influence in Kerala and has been actively deploying the same to thwart and frustrate the proceedings and trial under PMLA by trying to threaten the other co-accused in the matter.”
The agency also cited police cases and judicial commission against ED officials which were stayed by the Kerala high court in July last year. “Since some of the accused are influential, there are chances of derailing the ongoing investigation and trial,” ED alleged in the petition.
The trial in the case that came to light in 2020 was presently ongoing before the special court for PMLA cases in Kerala’s Ernakulam district.
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“Due to the involvement of powerful persons in the state of Kerala, from the very beginning, there has been a concerted effort by the state machinery to thwart and derail the investigation and the proceedings,” ED said.
The gold smuggling case surfaced in July 2020 and has since witnessed several twists and turns. It came to light after 30 kg of gold worth ₹15 crore was seized from a baggage from the United Arab Emirates consulate in Thiruvananthapuram by the sleuths of customs department. A former employee of the consulate P S Sarith, who came to receive the consignment, was arrested the same day and after a week the National Investigation Agency (NIA) arrested second accused Swapna Suresh and her accomplice Sandeep Nair from their hideout in Bengaluru. Later, Sivasankar was made an accused and arrested by ED. Under suspension for over a year, he was taken back in service in January this year.
The case took a dramatic turn in June this year after Swapna Suresh gave a confidential statement before a magistrate court in Ernakulam, alleging “the chief minister knew about everything and heavy biryani pots were taken to his house from the UAE consulate several times”. She also levelled serious charges against former minister KT Jaleel and Sivasankar. Subsequently, two cases were filed against her.
