The Enforcement Directorate probing cash laundering allegations in reference to the Kerala gold smuggling case has informed the Supreme Court docket that the state equipment turned towards it after the position of Chief Minister Pinarayi Vijayan’s “Principal Secretary was detected”.
In a rejoinder affidavit filed within the high court docket, the company stated that “although a letter was despatched by the CM of Kerala to the PM” looking for investigation when the scandal broke, however “when the investigation progressed and the position of his personal then Principal Secretary was detected, the state equipment turned towards it and registered false instances by influencing the accused and making efforts to derail the investigation and trial”. It added that “one of many key accused, who was then the Principal Secretary, is constant in a key excessive rating place within the authorities of Kerala even right this moment”.
The ED has approached the SC looking for switch of the trial within the case from Kerala to Karnataka stating that the “native police and state authorities equipment try to govern and affect the accused and witnesses”.
Opposing the request, the state in an affidavit identified that the trial within the scheduled offence in reference to the scandal is pending trial in Kerala and the ED is looking for switch within the cash laundering case which is an offshoot of the scheduled offence “with ulterior motive to tarnish the federal government of Kerala by elevating baseless allegations and averments that honest trial is just not attainable in Kerala”.
The state additionally contended that transferring the trial would solid aspersions on the independence of the judiciary in Kerala.
Countering this, the ED stated in its rejoinfer affidavit that “makes an attempt of the state of Kerala to pressurise, intimidate and affect the accused/witness are persevering with”.
The company stated that the state in its utility looking for impleadment within the case had stated {that a} assertion made by accused Swapna Suresh earlier than a Justice of the Peace’s court docket beneath Part 164 “was sufficient to trigger widespread riots within the State of Kerala”. Thus “it’s…evident from the pleading of the state of Kerala in its impleadment utility itself that the ambiance within the state…is so charged in relation to this case {that a} free, honest, tranquil and impartial trial free from exterior and extraneous affect can be nearly unattainable”, the ED added.
The ED identified that the state police had registered two separate FIRs towards Swapna Suresh “pursuant to the assertion u/s 164 given by her earlier than the Judicial Justice of the Peace in June 2022” and that “these FIRs…have been registered as a counter-blast” to the assertion made by the accused girl. Apart from, the state had additionally constituted a fee to inquiry into the correctness of its investigation beneath the Prevention of Cash Laundering Act (PMLA) 2002.
“The structure of the Fee of Inquiry is an occasion of the continual abuse of State equipment to impede prosecution. Such abuse in some type is constant and therefore the idea for looking for switch continues to exist,” the ED stated.
The company stated that after Swapna Suresh recorded her assertion beneath Part 164 earlier than the Chief Judicial Justice of the Peace, Ernakulam, on June 7, 2022, she had additionally recorded her assertion beneath PMLA on June 22, 2022. “Within the stated assertion she has clearly acknowledged in regards to the involvement of excessive profile/politically uncovered individuals in gold/foreign money smuggling by means of the UAE Consulate and different unlawful actions. She had additionally acknowledged about threats from individuals concerned within the crime to pressurise and retract her statements,” the affidavit stated.
The ED stated that if the trial continues within the state of Kerala, “the excessive profile accused will affect the accused individuals and witnesses and thereby derail the honest and impartial trial of the case”.
The ED additionally stated that it was not looking for the switch on account of any apprehension towards the judiciary, however solely to uphold the sanctity of equity in trial.