Kerala made attempts to derail probe in gold smuggling case, ED tells SC

The Central agency files affidavit urging its case to transfer the trial from Kerala to Karnataka

Kerala Chief Minister Pinarayi Vijayan wrote to Prime Minister Narendra Modi highlighting an investigation by a Central agency into the gold smuggling case as the “need of the hour”, but the State turned against the Enforcement Directorate (ED) the moment the probe began to unearth the role of the Chief Minister’s own Principal Secretary in the case, the ED told the Supreme Court on Friday.

The State machinery was used to register false cases, efforts went on to influence the accused and attempts were made to derail the ED investigation, the agency’s affidavit said.

The former Principal Secretary and an accused, M. Sivasankar, is “continuing in a key high ranking position in the Government of Kerala even today”, the ED submitted.

“If the trial continued in the State of Kerala, the high profile accused will influence the accused persons and witnesses and thereby derail the fair and independent trial of the case,” the ED urged its case to transfer the trial from Kerala to Karnataka.

The reference in the ED affidavit was to the letters from Mr. Vijayan addressed to Mr. Modi, assuring assistance immediately after the seizure of gold at the Thiruvananthapuram International Airport on July 5, 2020.

The Chief Minister had even thanked the Prime Minister in a letter on July 10, 2020 "for the decision to direct the NIA to conduct the investigation into the gold smuggling case" shortly after the Central agency registered a crime under the Unlawful Activities Prevention Act (UAPA)

The ED said the “seizure of gold leads back to powerful individuals in the State”. It said the letters were a “cover-up” to give the “appearance of genuineness”.