NEW DELHI: Objecting to Enforcement Directorate’s (ED) petition seeking transfer trial of sensational gold smuggling case from Kerala to Bangalore, State of Kerala has told the Supreme Court that the probe agency has not placed any material to justify impossibility of fair trial in the state.
The state has also added that the transfer will result in casting aspersions on the independence of the Kerala judiciary.
Striking on the maintainability of the transfer plea, the state has said that the prosecuting agency cannot seek transfer during the pendency of the PMLA case before Special Court, Ernakulam.
“It is evident that the transfer is sought for the PMLA case to another State while the scheduled offence is pending trial is with ulterior motive to tarnish the Government of Kerala by raising baseless allegations and averments that fair trial is not possible in Kerala,” the affidavit filed by Kerala government says.
Seeking to dismiss the transfer plea, state has further added that, “It is trite and settled that mere apprehension of the accused or any of them being influential cannot be a ground to transfer. The petitioner has not made out a case of undermining public confidence in the fairness of trial. It is also trite and settled law that in a secular, democratic country governed by the rule of law, the appropriate State Government is responsible for ensuring free, fair and impartial trial to the accused notwithstanding the nature of accusations made against them. Neither the pleadings in the Transfer Petition nor the materials placed on record even remotely suggest that a free, fair and impartial trial is not possible in the State of Kerala. The Enforcement Directorate, but for bald pleadings, has not made out any compelling factor or clear situation of deprivation of justice, warranting transfer of the trial from Kerala to Karnataka.”
Relying on the original as well as supplementary complaint, the state has further argued that the contention in the transfer petition that the accused were being pressurised to detract from their statements was wrong and baseless.
“The Government of Kerala had assured all necessary assistance and support of the state government to the agencies involved in the investigation of the commission of offence, immediately after the seizure of gold,” state also said.
On October 10, the Supreme Court had issued notice in a plea by Enforcement Directorate seeking transfer trial of sensational gold smuggling case from Kerala to Bangalore. The sensational case is in relation to smuggling of gold through diplomatic channels. One among the accused is M Sivasankar, an IAS officer of Kerala cadre who was the Principal Secretary to the Chief Minister of Kerala. The other accused persons are PS Sarith, Swapna Suresh and Sandeep Nair. A bench of CJI UU Lalit and Justice SR Bhat while asking Kerala government to file its response in ED’s plea had also issued notice to Mr M Sivasankar, a senior IAS officer also named in the case.