Gold smuggling case: ED moves SC seeking stay on judicial inquiry against officials
New Delhi: The Enforcement Directorate (ED) approached the Supreme Court against the order allowing the trial court to inquire if the investigating officers tried to fabricate evidences in gold smuggling case. The ED moved the top court pointing out that the evidences and documents invalidated by the high court cannot be examined by the trial court.
The high court single bench had quashed two cases registered by the Crime Branch against ED officials for threatening gold smuggling case accused Swapna Suresh and Sandeep Nair for giving statement against the chief minister. The high court had pointed out then that if there was any attempt to fabricate the evidence, the trial court is responsible to carry out preliminary investigation.
However, ED deputy director P Radhakrishnan pointed out in an appeal that the trial court cannot consider the documents invalidated by the high court. It also clarified in the plea that the allegation of threatening the accused to give statement against the CM was baseless. He also requested to stay the order allowing the trial court to carry out probe against the ED.
The ED deputy director filed the plea after receiving legal advice from additional solicitor general and other senior government pleaders. It is learnt that the appeal was filed as the trial court initiated probe against the ED officials as directed by the high court.