Within the newest twist within the Kerala gold smuggling probe, the Enforcement Directorate (ED) has knocked on the doorways of the Supreme Court docket (SC) searching for a switch of the case outdoors the state, alleging “efforts being made by the state authorities to thwart and derail investigation”.
In its switch petition filed earlier than the highest courtroom, the ED mentioned, “As a result of involvement of highly effective individuals within the State of Kerala, from the very starting, there was a concerted effort by the State equipment on the behest of the Respondent No. 4 (M. Sivasankar) to thwart and derail investigation below Prevention of Cash Laundering Act (PMLA).”
The federal probe company additional knowledgeable the courtroom that “because of the energy and affect wielded within the state of Kerala by M Sivasankar”, the previous principal secretary to Chief Minister Pinarayi Vijayan, and different individuals concerned within the case, and maintaining in view the suspicious occasions, “within the curiosity of guaranteeing a free and honest trial the place all accused individuals and witnesses can seem and provides their statements freely with out worry”, the trial deserves to be transferred away from the state.
“…at each stage of the investigation there was an intervention and interference by the State equipment within the train of energy below the PMLA by the Directorate of Enforcement,” the monetary watchdogs mentioned of their plea earlier than the Supreme Court docket.
‘EVIDENCE FABRICATED’
The ED in its plea mentioned, “…accused Shri M. Sivasankar, IAS, is a extremely influential particular person within the State of Kerala by advantage of being the senior most civil servant and having labored as Principal Secretary to the Chief Minister of Kerala. After popping out on bail, Shri M. Sivasankar, IAS has been influencing different accused and is utilizing the state equipment to manufacture false proof in opposition to the Investigating Officer and the Investigating Company.”
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“Within the course of two Girls State Police Constables who had been allegedly on guard obligation through the Custody of the accused Smt. Swapna Suresh from 05.08.2020 to 17.08.2020 had given false statements in opposition to the investigating officer that he exerted strain on one of many prime accused to call the Chief Minister of Kerala within the gold smuggling case,” it added.
GROUNDS FOR TRANSFER
The plea filed by the Assistant Director of the ED, Kochi Zone, raises following grounds to switch the probe:
(i) the State Police on the behest of a extremely influential accused is making an attempt to subvert and derail the investigation below PMLA.
(ii) Vital individuals together with Swapna Suresh are being pressured to retract assertion(s) given below part 50 of the PMLA and part of the Code of Legal Process (CrPC).
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(iii) If the trial is sustained in Kerala, the extremely influential accused individuals will create hurdles and likewise the the co accused can be pressured and threatened into making false allegations and provides false proof, thus derailing the continued investigation and trial.
(iv) The false and frivolous allegations are made in opposition to the IO with an ulterior motive to tarnish the picture of the investigating company and to sabotage the additional investigation with the help and help of extremely influential accused and different individuals.
(v) There’s a gross misuse of the state equipment in opposition to the investigation company and its officers which is clearly evident from the registration of two FIRs by Crime Department Police Station, Ernakulam district in opposition to the officers of ED resulting in an unprecedented state of affairs the place implementation of rule of regulation would have change into not possible.
WHY KARNATAKA?
The plea filed by the federal probe company seeks to switch the circumstances from Ernakulam to Karnataka.
“…the State of Karnataka to which switch is being sought is geographically proximate to the State of Kerala,” mentioned the ED, citing the rationale.
The ED additionally cited that one of many accused, Sandeep Nair, after popping out of jail in October, made intentional public statements to “contaminate the general public and sensitise the matter to stagnate the investigation”.
“…on popping out of the jail, he addressed the media stating that he was pressurized by ED officers to implicate the Chief Minister of Kerala, former Minister Shri. Okay.T. Jaleel and former Speaker Shri. Sreeramakrishnan within the Gold Smuggling case. He additionally said that Shri M. Sivasankar, former Principal Secretary to the CM, gave the impression to be harmless on this case. The assertion of Shri. Sandeep Nair vindicate the stand of ED that he was appearing as a device of the accused Shri. M. Sivasankar,” the ED mentioned in its plea.
THE CASE
On July 5, 2020, 30 kg of 24-carat gold price Rs 14.82 crore was seized by the Central Board of Oblique Taxes and Customs at Thiruvananthapuram Airport from a diplomatic bag that was meant to be delivered to the UAE Consulate in Thiruvananthapuram.
M Sivasankar was suspended and faraway from the publish after a preliminary inquiry confirmed that he had hyperlinks with Swapna Suresh, one of many accused within the Nationwide Investigation Company (NIA) probe.
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