The Supreme Court on October 21 granted the Directorate of Enforcement (ED) time to file its response to Kerala's objections to a plea by the central agency to transfer the gold smuggling case to Karnataka.
A Bench led by Chief Justice of India U.U. Lalit scheduled the case for hearing on November 3.
Kerala had described the allegations of the ED about interference in the probe as "imaginary apprehensions".
"The move to transfer the case to another State while the scheduled offence is pending trial is with ulterior motive to tarnish the Government of Kerala by raising baseless allegations and averments that fair trial is not possible in Kerala," the State's affidavit had said.
Kerala had said the ED did not have a shred of material to establish any kind of harassment or hindering of the probe by either the State government or the police.
Witnesses, including Swapna Suresh, whom ED had alleged was threatened to keep mum, had testified freely in the money laundering case, Kerala had maintained.
Swapna, Kerala had said, gave statements to the ED on dozen separate occasions in August and November 2020. She had made no complaints of harassment then.
The State had not interfered even when ED had summoned public servants for statements.
The State, represented by advocate C.K. Sasi, had denied allegations that M. Shivashankar, a former Principal Secretary to the Chief Minister and also an accused in the case, was allowed to use his influence to subvert and derail the investigation. Kerala said such allegations were merely a ruse to transfer the case.
In fact, Shivashankar was suspended in July 2020, repeatedly questioned by the ED and had continued in judicial "for a longer duration".
He was only reinstated to service on the recommendation of the Suspension Review Committee. The State said he was "no longer associated with the office of the Chief Minister".
Records show that Kerala had assured assistance immediately after the seizure of gold at the Thiruvananthapuram International Airport on July 5, 2020
Chief Minister Pinarayi Vijayan had even written to the Prime Minister about the attempt to smuggle gold through diplomatic baggage. He had written that a probe by central agencies was the "need of the hour".
The CM had thanked the PM 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)
Kerala said it was not possible to transfer the money laundering case under the Prevention of Money Laundering Act (PMLA) to Karnataka when the trial under the UAPA was investigated, chargesheeted and was pending in Kerala.
The ED had itself filed the PMLA complaint in a court in Kochi, saying it had the jurisdiction. NIA had later filed a chargesheet in Kerala.
Published - October 21, 2022 05:15 pm IST
