SC seeks probe status while considering ED's plea to transfer Kerala Gold Smuggling Case to K’taka

New Delhi: The Supreme Court on Monday directed the Enforcement Directorate (ED) to inform whether the investigation into the alleged money laundering linked to the case related to the smuggling of gold through the diplomatic baggage of the UAE Consulate at the Thiruvananthapuram airport in Kerala has been completed. The directive was issued by a bench comprising Justices Hrishikesh Roy and S.V. Bhatti.

The Supreme Court inquired about the progress of the investigation while considering the ED's transfer petition, which seeks to move the trial of the case to Bengaluru. Solicitor General Tushar Mehta is representing the ED in this case. Since he is not in Delhi, the junior counsel requested the court to postpone the hearing for two weeks.

Accepting this request, the Supreme Court postponed the hearing for two weeks. The bench also directed the ED's counsel to inform whether the investigation has been completed during the next hearing.

Meanwhile, senior advocate Jayant Muthuraj, appearing for M. Sivasankar, former Principal Secretary to Kerala Chief Minister Pinarayi Vijayan, pointed out that while there are 27 accused in the case, the ED has included only four in the transfer petition. He also noted that a supplementary charge sheet has been filed. Muthuraj emphasised that all accused should be heard before transferring the trial, as per the usual practice. The court stated that this matter could be considered during the hearing of arguments.

Standing counsel C.K. Sasi appeared for the state government.

ED's plea

ED’s argument in the gold smuggling case is that state government, police and prison officials are trying to topple the money laundering investigations in the case. Earlier, the top court held that the final decision on the transfer of trial from Kerala can be only taken after listening to the versions of all accused in the case.  It is practically difficult to transfer the case over the request that a "free and fair trial" of the case is not possible in the state due to the close nexus between the accused and top officials and functionaries in the Kerala government, the court pointed out.

It may be noted that the state had registered a case against the ED officials for allegedly trying to coerce accused to give statements against CM Pinarayi Vijayan. The ED fears such actions would continue if the case remains in Kerala.