Politicians Of Ruling Party Trying To Thwart Investigation- ED Seeks Transfer Of Trial In Kerala Gold Smuggling Case To Karnataka

The Enforcement Directorate has made serious allegations in its petition seeking the transfer of the trial of the gold smuggling case from Kerala to Karnataka.

"The complainant department and their officers firmly believe and has reasons to believe from the conduct and manner of things happened so far that the state machinery, the politicians behind the ruling party and the accused are in many ways jointly and severally trying to thwart the investigation and the proceedings of justice system by one way of the other", the Petition filed by ED says. 

The ED is seeking the transfer of the PMLA case relating to the gold smuggling from the Special Court in Ernakulam to a Special Court for PMLA in the state of Karnataka. 

The Petition says that Kerala Police officers were used as puppets to tarnish the goodwill of the investigating agency and to sabotage the investigation "with the aid and assistance of highly influential accused and other persons" by giving false statements to register false cases against the investigating officers.

The Petition refers to the case registered against the ED officials on the basis of statements of two women police constables that the accused were coerced to give false evidence against Kerala Chief Minister Pinarayi Vijayan.  "This has given rise to an unprecedented situation wherein the State Police is intimidating the ED officers from carrying out their statutory duties under the PMLA", the Petition by ED says.

"There is every reason to believe Sandeep Nair is influenced at the behest of the accused M. Sivasankar and the jail authorities are aiding derail the investigation and to defeat the process of law initiated by the Enforcement Directorate by way of the prosecution complaints submitted on the basis of the strong evidence collected during investigation under PMLA", the ED says.

The ED says in the petition that it will place the statements under Section 164 of CrPC made by Swapna Suresh against the Kerala Chief Minister and his family members will be placed before the Supreme Court in a sealed cover with the permission of the Court.

The Petition says that at every stage of the investigation there has been intervention and interference in the exercise of power under the PMLA by the ED and that timely judicial intervention is necessary to thwart illegal attempts to derail proceedings.

The ED says that the highly influential accused will create hurdles and will pressurise the co-accused to withdraw their earlier statements. Continuance of trial in the State of Kerala worsens the situation, the ED says.

The ED says that transfer is being sought to Karnataka which is geographically proximate to the state of Kerala. The Petition says that "the universally settled principle of fair trial that 'justice should not only be done, but seen to be done' will be vitiated if the trial is continued in the State of Kerala".

Click here to read/download Petition