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Plea to shift gold smuggling case could lead to flooding of cases: SC tells ED
The ED claimed powerful people in the Kerala government were misusing their power to derail the trial in the case in which M Sivasankar, a former principal secretary to chief minister Pinarayi Vijayan is an accused
The plea to the transfer of trial in the gold smuggling case involving a high-ranking official in Kerala outside the state raises “wider issues” and could lead to “flooding of cases” for fair trial depending on unfavourable state political dispensation, the Supreme Court has told the Enforcement Directorate (ED).
The ED claimed powerful people in the Kerala government were misusing their power to derail the trial in the case in which M Sivasankar, a former principal secretary to chief minister Pinarayi Vijayan is an accused.
A bench of justices Sanjiv Khanna and MM Sundresh on Monday said there may be cases where political parties in power may vary from state to state and a prayer is made seeking an independent and fair trial. “Won’t this court be flooded with such petitions? There has to be a specific, extraordinary case to order transfer.”
The court posted the matter for hearing in February saying ED has not included all the accused as parties in its plea. Additional solicitor general SV Raju, who appeared for ED, argued the case is extraordinary.
Swapna Suresh, another accused in the case, in June alleged the complicity of Kerala politicians in the gold and currency smuggling scam through the UAE consulate.
The Kerala government has called ED’s probe “politically motivated” and moved the Supreme Court to be added as a party to the proceeding.
The ED said the state government’s alleged effort to influence the probe was evident as it formed a Commission of Inquiry in May 2021 to sit over the findings of the agency.
The Kerala government filed an affidavit on October 14 alleging “conspiracy” and “external pressure” behind Suresh’s statements before a trial judge.
Vijayan wrote to Prime Minister Narendra Modi in June 2020 demanding a Central Bureau of Investigation probe into the alleged scam. The ED alleged a “cover-up” claiming the state machinery provided no effective assistance after Sivasankar’s purported role in the scam came to the fore.
The ED told the court that Sivasankar continues to hold a “key high-ranking position” and his influence over the state machinery cannot be discounted. “If the trial is continued in...Kerala, the high profile accused will influence the accused persons and witnesses and thereby derail the fair and independent trial of the case… serious miscarriage of justice would result if the trial is not transferred.”
ED is also probing money laundering charges against Sivasanka and has claimed that material facts have come to light showing his “significant role” in concealing and laundering the proceeds of crime.
