The State of Kerala on Friday filed an affidavit before the Supreme Court on a petition filed by the Enforcement Directorate (ED), seeking transfer of trial in the diplomatic baggage gold smuggling case from Kerala to the neighbouring state of Karnataka.
The Kerala government alleged in the affidavit that there was conspiracy and external pressure behind the recent statements made by Swapna Suresh, main accused in the case, before the Magistrate.
It said ED recorded Swapna’s statements 12 times, during which she never made allegations against any high-profile individual. The initial complaint and follow up complaints did not have any such remarks, it added.
Kerala government alleged that based on the demand made by the Central agency, the State Police had registered a case against the ED officials and also set up a single-member Judicial Commission, in the wake of the Central agency’s intervention
The affidavit submitted that currently, accused Sivasankar did not come under the Chief Minister’s Office (CMO) and hence, ED’s allegation that police force was under his influence, was baseless.
Following the letter sent by the ED to the Prison department, the state government had initiated a probe into the leak of Swapna’s voice clip through an online portal.
Earlier on October 10, the Bench of Chief Justice U.U. Lalit and Justice Ravindra Bhat had issued notice to the State of Kerala, while permitting its application, seeking impleadment in the petition by ED.
Directing the Kerala government to file its reply by October 15, the Apex Court had said that it will dispose of the matter on the next hearing (scheduled on October 20).
Opposing the ED plea, Kerala Additional Chief Secretary V. Venu claimed before the Supreme Court that the federal anti-money laundering agency did not give any valid reason to shift the case out of the state.
He alleged that the agency had made some sweeping comments about some political and bureaucratic positions without any substance, adding that the state never obstructed the ongoing investigation in any manner.
Senior IAS officer M Sivasankar, an accused in the case, had also filed an objection in the Supreme Court earlier, claiming that it was not proper to shift the case to another state after filing of the charge sheet.
The national agency had filed an application in the Apex Court in July, seeking transfer of the case registered under the provisions of the Prevention of Money Laundering Act (PMLA) related to gold smuggling, to a special court in Karnataka.
It had alleged that senior officers of ED were hounded by the state machinery and since influential people were involved, there were attempts to thwart the investigation.
In July 2020, the Customs department had seized 30 kg gold worth Rs 15 crore from a baggage belonging to the United Arab Emirates consulate in Thiruvananthapuram.
The first person to be arrested in the case was P.S. Sarith, a former employee of the consulate, who came to receive the consignment,. The National Investigation Agency (NIA) arrested second accused Swapna Suresh and her accomplice Sandeep Nair from their hideout in Bengaluru next week. 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.
A confidential statement made by prime accused Swapna Suresh before a Magistrate court in Ernakulam gave a new twist to the case. She accused Chief Minister Pinarayi Vijayan of being in know-how of the smuggling and even charged him with taking huge amount of illegal gratification from the UAE consulate.
Besides, Suresh levelled serious charges against former minister K.T. Jaleel and Sivasankar, leading to filing of two cases against her.