Transfer will end in casting aspersions on independence of Kerala judiciary: Kerala tells SC 

Express News Service

NEW DELHI: Objecting to Enforcement Directorate’s (ED) petition searching for switch trial of sensational gold smuggling case from Kerala to Bangalore, State of Kerala has advised the Supreme Court that the probe company has not positioned any materials to justify impossibility of truthful trial within the state.

The state has additionally added that the switch will end in casting aspersions on the independence of the Kerala judiciary. 

Striking on the maintainability of the switch plea, the state has mentioned that the prosecuting company can’t search switch throughout the pendency of the PMLA case earlier than 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 authorities says. 

Seeking to dismiss the switch plea, state has additional 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 unique in addition to supplementary grievance, the state has additional argued that the rivalry within the switch petition that the accused have been being pressurised to detract from their statements was improper 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 additionally mentioned.

On October 10, the Supreme Court had issued discover in a plea by Enforcement Directorate searching for switch trial of sensational gold smuggling case from Kerala to Bangalore. The sensational case is in relation to smuggling of gold via diplomatic channels. One among the many accused is M Sivasankar, an IAS officer of Kerala cadre who was the Principal Secretary to the Chief Minister of Kerala. The different accused individuals are PS Sarith, Swapna Suresh and Sandeep Nair. A bench of CJI UU Lalit and Justice SR Bhat whereas asking Kerala authorities to file its response in ED’s plea had additionally issued discover to Mr M Sivasankar, a senior IAS officer additionally named within the case.

NEW DELHI: Objecting to Enforcement Directorate’s (ED) petition searching for switch trial of sensational gold smuggling case from Kerala to Bangalore, State of Kerala has advised the Supreme Court that the probe company has not positioned any materials to justify impossibility of truthful trial within the state.

The state has additionally added that the switch will end in casting aspersions on the independence of the Kerala judiciary. 

Striking on the maintainability of the switch plea, the state has mentioned that the prosecuting company can’t search switch throughout the pendency of the PMLA case earlier than 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 authorities says. 

Seeking to dismiss the switch plea, state has additional 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 unique in addition to supplementary grievance, the state has additional argued that the rivalry within the switch petition that the accused have been being pressurised to detract from their statements was improper 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 additionally mentioned.

On October 10, the Supreme Court had issued discover in a plea by Enforcement Directorate searching for switch trial of sensational gold smuggling case from Kerala to Bangalore. The sensational case is in relation to smuggling of gold via diplomatic channels. One among the many accused is M Sivasankar, an IAS officer of Kerala cadre who was the Principal Secretary to the Chief Minister of Kerala. The different accused individuals are PS Sarith, Swapna Suresh and Sandeep Nair. A bench of CJI UU Lalit and Justice SR Bhat whereas asking Kerala authorities to file its response in ED’s plea had additionally issued discover to Mr M Sivasankar, a senior IAS officer additionally named within the case.