NEW DELHI: The Supreme Court on Monday agreed to examine the ED’s plea for transfer of trial in the gold smuggling case from Kerala to Karnataka and sought a response from the Kerala government. A bench of Chief Justice U U Lalit and Justice S Ravindra Bhat issued notice to the state government on a transfer plea of the agency and asked it to file response by October 14. It posted the case for October 20 for disposal.
SG Tushar Mehta, appearing for the agency, contended that free and fair trial in the case was not possible in the state as “very powerful” people are involved and other accused and witnesses were being threatened in the state. He said the case pending before the special PMLA court in Ernakulam be transferred to a special court in Karnataka a the respondents (who are co-accused) are being influenced and intimidated through threats and false cases by senior officials of the Kerala police and the state government.
“The respondent No 4 M Sivasankar is one of the senior-most IAS officers in the state of Kerala who at the relevant time when the offence under section 3 of PMLA was committed was the principal secretary to the chief minister. He wields substantial power and influence in the state and has been actively deploying the same to thwart and frustrate the proceedings and trial under PMLA by trying to threaten the other co-accused in the matter,” the petition said.
SG Tushar Mehta, appearing for the agency, contended that free and fair trial in the case was not possible in the state as “very powerful” people are involved and other accused and witnesses were being threatened in the state. He said the case pending before the special PMLA court in Ernakulam be transferred to a special court in Karnataka a the respondents (who are co-accused) are being influenced and intimidated through threats and false cases by senior officials of the Kerala police and the state government.
“The respondent No 4 M Sivasankar is one of the senior-most IAS officers in the state of Kerala who at the relevant time when the offence under section 3 of PMLA was committed was the principal secretary to the chief minister. He wields substantial power and influence in the state and has been actively deploying the same to thwart and frustrate the proceedings and trial under PMLA by trying to threaten the other co-accused in the matter,” the petition said.
