Gold smuggling case: Detailed hearing required in ED’s plea for transfer of trial, says SC

By B Balagopal / Mathrubhumi News

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Supreme Court of India | Photo: ANI

New Delhi: The Supreme Court has observed that a detailed hearing will be required in the plea filed by the Enforcement Directorate seeking a transfer of the trial in the gold smuggling case to a court in Karnataka.

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.

The court orally remarked that, if the trial is transferred over such a demand, then a slew of related petitions will flood the court. The bench adjudicating the matter made it clear that the trial can be only transferred if the case is unusual or else the trustworthiness of the judiciary will be affected.

Following that the counsel for ED argued that it could convince that the case is an unusual one. At this juncture, the court observed that a detailed hearing will be required.

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