Kerala misusing state machinery to derail investigation, trial in gold smuggling case, ED tells SC

The Enforcement Directorate (ED) has told the Supreme Court the Kerala government has constituted a Commission of Inquiry to look into an investigation conducted by it into the gold smuggling case allegedly involving IAS officer M Sivasankar, then Principal Secretary of Chief Minister Pinarayi Vijayan and others.

This is a clear indication that powerful persons involved in the case who are holding high offices in the Government of Kerala, are willing to misuse the State machinery and powers in order to thwart and derails proceedings in the case, the ED alleged, seeking transfer of the case from Kerala to Karnataka.

In a fresh affidavit, the ED said, “Even though a letter was sent by the CM of Kerala to the PM, when the investigation progressed and the role of his own then Principal Secretary was detected, the State Machinery turned against ED and registered false cases by influencing the accused and making efforts to derail the investigation and trial.”

The ED said one of the key accused, Sivasankar, who was then the principal secretary, is continuing in a key high-ranking position in the government of Kerala even today.

"If the trial continued in Kerala, the high profile people will influence the accused persons and witnesses and thereby derail the fair and independent trial of the case," it said.

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“This clearly explains the mala fide action taken by the State against ED and mala fide inaction of not taking any action against the actual culprits. Furthermore, the influence of a principal secretary to the CM of the state over the state machinery has to be given due consideration and cannot be discounted,” it added.

The ED also said after coming out on bail, IAS officer Sivasankar has been "influencing other accused and is using the state machinery to fabricate false evidence against the investigating officer and the investigating agency".

“The very fact that the state government constituted a Commission of Inquiry to go into an investigation conducted by a central investigating agency demonstrates that powerful persons involved in the case who are holding high offices in the Government of Kerala, are willing to misuse the State machinery and powers in order to thwart and derails proceedings in the case,” the ED said.

The Supreme Court had on October 10 issued a notice to the Kerala government on the ED's plea to transfer of the trial.

The ED has alleged that "free and fair trial" of the case is not possible in Kerala due to the close nexus between the accused and top officials and functionaries.

During the previous hearing, Solicitor General Tushar Mehta, representing the ED, had then referred to the Kerala government's averments in its impleading application that the statements of accused Swapna Suresh regarding the involvement of those holding high political offices created riots in the state.

Mehta claimed these statements are enough to conclude that free and fair trial is impossible in Kerala.

He also pointed out that Kerala police lodged an FIR against ED alleging fabrication of evidence, which was quashed by the Kerala High Court, and also cited allegations made by accused Swapna Suresh and other accused regarding pressure exerted by the Kerala police.