Court dismisses Sivasankar’s bail plea, says further probe required

The court also said the contradictions in the ED’s reports about the proceeds of crime cannot come to Sivasankar’s rescue. 
M Sivasankar being taken to the economic offence court in Kochi. (Photo | A Sanesh, EPS)
M Sivasankar being taken to the economic offence court in Kochi. (Photo | A Sanesh, EPS)

KOCHI: The Special Court for Prevention of Money Laundering Act (PMLA) cases in Kochi on Tuesday dismissed the bail petition of former principal secretary M Sivasankar despite his counsel raising a serious allegation on Monday that the Enforcement Directorate had arrested his client because he refused to name its political targets.

The court said it is not going into the merits of the case. It maintained that the investigation against Sivasankar is at a preliminary stage and the ED probing the money laundering angle in the smuggling of gold via diplomatic channel required more time to probe all aspects in the case. 

In the order, the court said, “Without expressing any opinion as to the merits of the case and also with regard to the claim of the ED and the defence, I am of the view that the petitioner cannot be released on bail at this stage. The bail application, accordingly, stands dismissed.” 

In the 53-page order, Judge Kauser Edapagath said a threadbare analysis of the materials on record, factual discussions and the legal submissions advanced, it is not possible for the court to  believe that Sivasankar is not guilty of the offences alleged. The court also said the contradictions in the ED’s reports about the proceeds of crime cannot come to Sivasankar’s rescue. 

Vigilance to question Sivasankar in jail today
Kochi: Special Court for PMLA cases here on Tuesday permitted Vigilance and Anti-Corruption Bureau (VACB) probing corruption behind LIFE Mission Wadakkancherry project to interrogate former principal secretary M Sivasankar at Kakkanad district jail. VACB in its petition stated that Sivasankar is the fifth accused in the case and he had to be questioned as part of the probe. The court permitted VACB to question Sivasankar at Kakkanad district jail on Wednesday between 10 am and 5 pm. 

Sivasankar’s role: Sarith,  Swapna to be grilled
Kochi: The Additional Chief Judicial Magistrate (Economic Offences) Court in Kochi on Tuesday permitted the customs probing the gold smuggling to interrogate key accused Sarith P S and Swapna Suresh in jail. The customs decided to interrogate the duo following new evidence obtained by Enforcement Directorate (ED), which is probing the money laundering aspect in the gold smuggling, against former principal secretary M Sivasankar. The customs interrogated Sivasankar on Monday. 

Sivasankar was aware of gold smuggling, says court
Kochi: The Special Court for PMLA cases in Kochi confirmed that former principal secretary M Sivasankar was aware of smuggling of gold via diplomatic channel after going through Swapna Suresh’s statement recorded on November 10, which was submitted by ED in a sealed cover. Interestingly, the court also said Swapna’s statement only revealed that Sivasankar was aware of gold smuggling but it doesn’t necessarily mean that he had knowingly assisted in the illegal act to attract PMLA.In the order, Special Court Judge Kauser Edapagath threw light on some of the details ED had submitted in the sealed cover. Documents related to WhatsApp chats between Swapna and Sivasankar and their respective statements were submitted in a sealed cover at the court. The court said the WhatsApp chats and statements of accused satisfied its conscience. However, the court is not reproducing the statement as restricted by SC. 

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