The Central agency files affidavit urging its case to transfer the trial from Kerala to Karnataka
The Central agency files affidavit urging its case to transfer the trial from Kerala to Karnataka
Kerala Chief Minister Pinarayi Vijayan wrote to Prime Minister Narendra Modi highlighting an investigation by a Central agency into the gold smuggling case as the “need of the hour”, but the State turned against the Enforcement Directorate (ED) the moment the probe began to unearth the role of the Chief Minister’s own Principal Secretary in the case, the ED told the Supreme Court on Friday.
The State machinery was used to register false cases, efforts went on to influence the accused and attempts were made to derail the ED investigation, the agency’s affidavit said.
The former Principal Secretary and an accused, M. Sivasankar, is “continuing in a key high ranking position in the Government of Kerala even today”, the ED submitted.
“If the trial continued in the State of Kerala, the high profile accused will influence the accused persons and witnesses and thereby derail the fair and independent trial of the case,” the ED urged its case to transfer the trial from Kerala to Karnataka.
The reference in the ED affidavit was to the letters from Mr. Vijayan addressed to Mr. Modi, assuring assistance immediately after the seizure of gold at the Thiruvananthapuram International Airport on July 5, 2020.
The Chief Minister had even thanked the Prime Minister in a letter on July 10, 2020 “for the decision to direct the NIA to conduct the investigation into the gold smuggling case” shortly after the Central agency registered a crime under the Unlawful Activities Prevention Act (UAPA)
‘Letters a cover-up’
The ED said the “seizure of gold leads back to powerful individuals in the State”. It said the letters were a “cover-up” to give the “appearance of genuineness”.
“The State machinery has not provided any effective assistance and has only been misused to interfere with and impede proceedings under the Prevention of Money Laundering Act (PMLA). Multiple attempts were made by the misuse of State machinery to tamper with and obstruct the investigation by the ED,” the affidavit said in court.
The ED said attempts of the State of Kerala to “pressure, intimidate and influence the accused/witness are continuing”. It said two FIRs had been registered against one of the accused, Swapna Suresh, after she gave a statement to the Judicial Magistrate in June 2022.
The Central agency said the FIRs were a “counter-blast” to her statement and alleged commission of serious offences, including wantonly giving provocation with intent to cause riot, forgery, criminal intimidation and tampering with computer source document under Section 65 of the Information Technology Act, 2000.
The ED argues that if a statement of an accused to the Magistrate could cause so much disturbance, how would the State qualify to host a fair and independent trial free from external and extraneous influences. “This clearly establishes the case of the ED to seek a transfer of the trial out of Kerala,’ the affidavit contended.
“In the present case, a Central investigation agency is filing for a transfer in view of the fact that powerful persons in the State government are involved and in view of demonstrated misuse of State power to thwart proceedings. Transfer not being sought on account of any apprehension against the judiciary, such transfer would not cast aspersions on the State judiciary. The question here is not pertaining to independence of judiciary but to uphold the sanctity of fairness in trial,” the ED explained its position.
