Kerala Gold Smuggling Case: Kerala HC dismisses plea seeking to probe involvement of CM, his family

Kochi (Kerala) [India], April 12 : The Kerala High Court has dismissed a petition seeking an investigation by the Enforcement Directorate (ED) and the Customs Department into the Kerala Gold Smuggling Case taking into consideration the recent revelation by the accused Swapna Suresh regarding the involvement of the Kerala Chief Minister, his family and others.

While dismissing the petition, the Single Bench of Justice Bechu Kurian Thomas observed, "No materials are available to assume that the investigation is not being conducted properly. Other than assumptions, the petitioner has not produced any material to arrive at a conclusion that the investigation would proceed contrary to law. The Customs as well as the ED have conducted or are conducting proper investigations."

The court reminded the petitioner that no matter how high the accused is, the law is above him.

Aji Krishnan, the secretary of the High-Range Development Society (HRDS) has submitted the petition.

Earlier the HRDS had appointed Swapna Suresh as CSR director. But the orgsation sacked her following her revelations against Kerala Chief Minister.

The petitioner had argued that the statement given by Swapna to the Customs, the things written in Swapna's biography book and the allegations made by her in various press conferences all point to the role of political leaders including Chief Minister Pinarayi Vijayan and his family and former Kerala Assembly Speaker and CPIM leader P Sreeramakrishnan in the gold smuggling case.

Enforcement Directorate (ED) initiated an investigation into the Kerala gold smuggling case on the basis of an FIR registered by the National Investigation Agency (NIA), Minister of State for Home Nityanand Rai informed on April 15.

In a written reply in the Rajya Sabha, MoS Home Nityanand Rai said, "A case relating to seizure of around 30 Kg of gold at Trivandrum International Airport by Customs (Preventive) Commissionerate, Cochin on 05/07/2020 was entrusted to the National Investigation Agency on 09/07/2020. The National Investigation Agency has filed a charge-sheet against 20 accused persons under sections 16, 17, 18 and 20 of Unlawful Activities (Prevention) Act on 05/01/2021."

"Enforcement Directorate (ED) has also initiated an investigation in the aforesaid case on the basis of FIR registered by the National Investigation Agency. As on date, assets worth Rs 19.37 crores (approximately) including gold weighing around 35.33 kg have been attached, seized and 04 persons were arrested and 02 Prosecution Complaints have been filed by Enforcement Directorate," he added.

On July 5, 2020, 30 kilograms of 24-carat gold worth Rs 14.82 crores was seized by the Central Board of Indirect Taxes and Customs at Thiruvananthapuram Airport from a diplomatic bag that was meant to be delivered to the UAE Consulate in Thiruvananthapuram.M Sivasankar, the principal secretary to Kerala CM Pinarayi Vijayan, was suspended and removed from the post after a preliminary inquiry confirmed that he had links with Swapna Suresh, one of the accused in the National Investigation Agency (NIA) probe.