The Enforcement Directorate, which is probing cash laundering costs within the Kerala gold smuggling case, has instructed the Supreme Court that the state equipment had turned towards it after it realized of the function of Chief Minister Pinarayi Vijayan’s “principal secretary”.
In a counter-affidavit filed within the apex court docket, the company stated that “even though a letter was sent by the Kerala CM to the PM” when searching for a probe into the rip-off, however “when the investigation went ahead and then it had its own role”. The principal secretary came upon, the state equipment turned towards it and filed false circumstances by influencing the accused and making an attempt to derail the investigation and trial. It states that “one of the main accused, who was at that time was the Principal Secretary, continues to hold a prominent high position in the Government of Kerala even today”.
The ED has approached the Supreme Court searching for switch of the trial from Kerala to Karnataka, stating that “the local police and state government machinery are trying to manipulate and influence the accused and the witnesses”.
Opposing the request, the state stated in an affidavit that the trial within the scheduled offense in reference to the rip-off is below trial in Kerala and the ED is searching for switch within the cash laundering case, which is a department of the scheduled offence. The intention is to tarnish the Kerala authorities by making baseless allegations that truthful trial will not be doable in Kerala.
The state additionally argued that shifting the trial would solid doubt on the independence of the judiciary in Kerala.
Countering this, the ED in its rejoinder affidavit stated that “efforts are on by the State of Kerala to pressurize, intimidate and influence the accused/witnesses”.
The company stated the state, in its utility searching for impeachment within the case, had stated that the assertion made by accused Swapna Suresh earlier than a Justice of the Peace’s court docket below part 164 “was sufficient to cause widespread riots in the state of Kerala”. “. Thus “It is evident from the plea of the State of Kerala in its impeachment utility itself that the ambiance within the State … is so charged with respect to the matter {that a} free, truthful, calm and unbiased trial shall be free from exterior and exterior affect.” It can be virtually not possible”, the ED stated.
The ED reported that the state police had registered two separate FIRs towards Swapna Suresh “under section 164 as per the statement given by her before the judicial magistrate in June 2022” and “these FIRs … a counter-explosion”. On the assertion of the accused girl. In addition, the state had additionally constituted a fee below the Prevention of Money Laundering Act (PMLA) 2002 to look at the correctness of its investigation.
“The setting up of the inquiry commission is an example of the continued misuse of the state machinery to obstruct the prosecution. Such misuse in some form or the other continues and hence the grounds for seeking transfer exist,” the ED stated.
The company stated that Swapna Suresh had additionally recorded her assertion below PMLA on June 22, 2022, after recording her assertion on June 7, 2022, earlier than the Chief Judicial Magistrate, Ernakulam below Section 164. Regarding involvement of excessive profile/politically uncovered individuals in gold/foreign money smuggling by UAE Consulate and different unlawful actions. The affidavit stated that he had additionally spoken about stress from these concerned within the crime and threats to withdraw the assertion.
The ED stated that if the trial continues within the state of Kerala, “the high profile accused will influence the accused persons and witnesses and thus derail the fair and independent trial of the case.”
The ED additionally stated that it was not searching for switch due to any apprehension towards the judiciary, however was solely searching for to take care of the sanctity of impartiality within the trial.
With inputs from TheIndianEXPRESS
