Kasaragod district, the birthplace of many great dons, no longer produces such genre or calibre of men. Each developed their own layer of lethality in their nefarious dealings, had no fear of the law, but, never forgot to do unmatched charity in their own distinct ways, perhaps to atone for their deeds. But, the passage of time, brings innumerable changes, by way of shift in venue, protagonists, their status, and their subtle ways of doing dubious dealings. In keeping with the changing times, a femme fatale takes centerstage, linking power-hungry politicians, spies masquerading as diplomats, bureaucrats thirsting for the scent of a woman, crafty smugglers who would even use religious books to conceal contraband, the venue shifting to the capital city Thiruvananthapuram, what a potpourri of devious characters!

On 30 June 2020, the Customs officials at Thiruvananthapuram International Airport, acting on confidential information, detained diplomatic baggage from Dubai on suspicion of carrying contraband. Examining diplomatic baggage is a highly sensitive issue, and involves seeking prior permission from the Ministry of External Affairs (MEA). Since the baggage was covered under diplomatic immunity, opening it without following procedures was not possible. The seasoned Customs sleuths were confident that the baggage in question, had some contraband, especially, since a telephonic call claiming to be from the Secretary of the Consulate General of the UAE consulate in Thiruvananthapuram had requested the Customs to release the baggage. 

On Sunday, 5 July 2020, the bag was opened in the presence of senior officials to reveal a mind-boggling 30 kg of gold, which was concealed in the baggage declared as ‘bathroom equipment’. Customs officials said that it was the first time in the history of Thiruvananthapuram airport that such a large-scale smuggling attempt happened under the name of a foreign nation's diplomatic office.

Investigations literally opened up a Pandora’s Box, engulfing a diplomat, an IAS officer, Ministers, and also the Chief Minister. A galaxy of top officials was in the line of fire. Sensing the complexity of the case and the powerful people involved in it, the Central Government, directed the National Investigation Agency (NIA) to handle the extended investigation. NIA registered an FIR under Unlawful Activities (Prevention) Act against the immediate four accused viz. Sarith Kumar, Swapna Suresh, Fazil Fareed, and Sandeep Nair. Enforcement Directorate also initiated a probe into the case on the suspicion that the proceeds were used to fund terror activities. Immediately after this, a CBI probe was initiated based on a complaint letter sent byWadakkanchery MLA that the Foreign Contribution (Regulation) Act 2010 was violated. However, the High Court stayed this investigation by the CBI. 

NIA identified K.T. Ramees, a businessman from Malappuram who was earlier arrested by the customs, as the kingpin of the operation. According to Customs, Ramees is also an accused in other unconnected cases involving poaching and smuggling. Fazil Fareed, the third accused in the case, and the person who allegedly sent the consignment to the UAE consulate was arrested and questioned by the Dubai police. It is reported that Fazil Fareed also produced some South Indian films.

All in all, it was a complex case, replete with sleaze, conspiracies, corruption, and backstabbing, embracing a wide spectrum of dramatis personae. In the hands of a veteran film director like the late I.V. Sasi, a blockbuster movie could have been made.

When multiple agencies take up a single case, it is foredoomed to be a hocus-pocus of investigatory lapses of all kinds. This case saw the probe being done by Customs, NIA, ED, and CBI, apart from the State Police, which thrust themselves into the case without any jurisdiction. Investigating agencies are always happy to rope in bureaucrats, as it is easy to threaten, and blackmail them, and coerce them into giving statements, to suit the requirements of any case. In view of a sex angle, linking bureaucrats and politicians, the media also started their spicy investigations and conclusions. The ease with which sexy sirens were breezing into the rooms of top politicians and bureaucrats, is an indication of deep sexual frustration in the corridors of power. In the earlier political regime also, many females were publicly boasting of their sexual clout on politicians and bureaucrats. Recently, the State also saw another IAS officer, in an inebriated state, driving a car, accompanied by a lady, and causing the death of a journalist.

The current ongoing squabbles among mid-level IAS officers and their seniors are an indication that all is not well within the Kerala bureaucracy. Though it is much ado about nothing, dirty clothes are being washed in public, pointing to the malfunctioning of the cadre system, and the urgent need for bureaucratic reforms.

IPS officers have also been embroiled in the controversy, as allegations of involvement of an ADGP rank officer have started doing the rounds, in the gold case.

Be that as it may, it is not a happy situation, that bureaucrats are gunning for each other’s throats, sending a wrong message to new entrants, and thousands of civil service aspirants, across the State.

Kerala gold smuggling case details
The Customs probing the Kerala gold smuggling case issued show-cause notices to 53 people including prime accused Swapna Suresh, suspended IAS officer M Sivasankar and two former diplomats in the UAE consulate, Thiruvananthapuram. The case against them involves the smuggling of a total of 167 kg of gold 23 times including the illegal concealment of 30 kilograms of gold worth nearly Rs 15 crore that was seized by the Customs at Thiruvananthapuram Airport from a diplomatic bag on July 5, 2020. 

Adjudication proceedings by the Customs culminated in the imposition of Rs 6 crore penalty each on Jamal Husein Alzaabi, then Consul General, UAE Consulate, Thiruvananthapuram, and Rashed Khamis Alimusaiqri al Ashmei, then Admin Attaché of the Consulate. Penalties of Rs 6 crores and Rs 50 lakhs on Swapna Suresh, the prime accused in the case, and M Sivasankar, former principal secretary to the Chief Minister, respectively. Once the top bureaucrat in the State, Sivasankar was arrested by the Customs in November 2020 following testimony by Swapna that he was in the know of smuggling activities and abetted them. The key accused in the case, PS Sarith, Sandeep Nair and KT Rameez, have also been imposed fines of Rs 6 crores each. In the case of S. Jayashankar, the husband of Swapna Suresh and an accused, he was directed to pay a fine of Rs 2 crores.

Apart from fines, the Customs also ordered the confiscation of cars and fixed deposits belonging to the accused. The prosecution proceedings against the accused in the case will be held separately at the Ernakulam Additional Chief Judicial Magistrate (economic offences) court.

A deep-rooted intelligence failure

While the penalties imposed may appear awesome, the reality is that such astronomical fines, do not pass the rigorous scrutiny of higher Courts of law. Most of the Customs cases are based on allegations, innuendoes, and hearsay. Customs adjudicators have scant respect for the law and are more keen to save their skin and reputation from being questioned. As a result, most adjudication orders are flawed, and are based on mere conjectures and surmises, and will be tossed out, easily by higher courts. This may take decades, maybe many of the accused may not even survive the long legal ordeal, awaiting them. But lessons to be learnt from this case is the colossal intelligence failure of all agencies. The Customs Show Cause Notice alleges that 167 kg of gold was cleared at the airport 23 times, in the past, hoodwinking the Customs, and all the Intelligence agencies, both, Central and State, operating at the airport. Though the illegally cleared gold, in the past 23 cases, entered Thiruvananthapuram city, before getting transported to different locations, no agency had any inkling of the racketeering happening. What if the contraband was arms and ammunition or drugs? Even today, no agency has any idea whatsoever, of what happened or where the contraband ended. The magnitude of the case and its overarching reach, across the bureaucracy, both Central and State, enforcement agencies, and affecting the entire political spectrum, calls for a detailed judicial inquiry commission, headed by a Supreme Court judge. But unfortunately, everything got swept under the carpet, and nobody knows whether the diplomats were spies, how many honey traps were laid for top-ranking bureaucrats and politicians, who was the person or organization, that successfully bankrolled 167 kilos of gold, twenty-three times, whether any safeguards and fresh security measures have been put in place at the airport and in the State Secretariat? Foreign intelligence agencies would be keenly observing and noting, the ease with which, security can be breached, and top-ranking officials and politicians compromised. 

British documentary filmmaker, Adam Curtis, might have had Thiruvananthapuram in mind when he said “Nobody trusts anyone in authority today. It is one of the main features of our age. Wherever you look, there are lying politicians, crooked bankers, corrupt police officers, cheating journalists and double-dealing media barons, sinister children's entertainers, rotten and greedy energy companies, and out-of-control security services”. 

The author is former Director General of National Academy of Customs, Indirect Taxes & Narcotics