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Supreme Court seeks response from Kerala government on ED plea to transfer trial in gold smuggling case to Karnataka

In July 2020, pursuant to investigations conducted by various agencies into money laundering, illegal financial transactions and massive gold smuggling through diplomatic channels, suspected offenders were arrested and interrogated in Kerala.

The NIA filed a charge-sheet against 20 persons accused in the case, including including Sarith PS and Swapna Suresh, under various sections of the Unlawful Activities (Prevention) Act.

The offences registered by the NIA and Customs are scheduled offences under the PMLA Act.

The case is currently being tried by the Special PMLA Court Ernakulam where, in December 2020, a subsequent prosecution complaint was filed arraigning as the fourth accused, M Sivasankar who was an IAS officer posted in the State at the time the alleged gold smuggling was carried out.

The plea moved by the ED alleged that the accused are being intimidated and influenced though threats by Senior Officials of the Kerala Police and the State government at the behest of M Sivasankar, who was also a former principal to Chief Minister Pinarayi Vijayan.

The ED claimed that the same is being done in order to derail the trial and thereby, protect certain powerful government officials who are purportedly involved in the case.

The ED plea referred to a statement given by Suresh to a Magistrate Court in which she made allegations against the Chief Minister Pinarayi Vijayan, his family members and other top bureaucrats. It also sought a direction to place this statement before the top court so as to bring it to the public domain.

Asserting that the alleged interference from the State machinery must be stopped through timely judicial intervention, the ED sought a transfer of the trial to an appropriate court in Karnataka.

Source: Barandbench

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