Supreme Court Adjourns Hearing on Kerala Gold Smuggling Case Transfer

The Directorate of Enforcement (ED) sought an adjournment from the Supreme Court for its plea to transfer the high-profile gold smuggling case from Kerala to Karnataka, igniting comments on the agency’s intent. A bench comprising Justices Hrishikesh Roy and S.V.N. Bhatti agreed to defer the hearing by six weeks, noting the absence of Additional Solicitor General (ASG) S.V. Raju, who represents the ED.

Senior advocate Kapil Sibal, representing the Kerala government, criticized the repeated requests for adjournment, suggesting that the ED might not be genuinely interested in pursuing the case. «Once again, prayer for adjournment is made on behalf of the petitioner, citing the difficulty of the ASG,» recorded the bench, acknowledging Sibal’s concerns.

The ED is advocating for the case’s transfer, arguing that the Kerala government has allegedly been exerting undue influence over witnesses and the accused, which includes significant political figures such as M. Sivasankar, the former Principal Secretary to Kerala Chief Minister Pinarayi Vijayan. The agency fears these alleged interferences could jeopardize a fair trial in the state.

The gold smuggling racket was uncovered on July 5, 2020, following the seizure of gold worth ₹15 crore from the diplomatic baggage of the UAE Consulate in Thiruvananthapuram. The investigation has implicated several individuals, including UAE Consulate employee Sarith P.S., in a case that has attracted widespread media attention.

The ED argues that a transfer of the trial is necessary due to the powerful connections of the accused with influential figures in the state government, raising concerns over the potential misuse of power to affect proceedings. The request for transfer also highlights the involvement of other central agencies like the National Investigation Agency (NIA) and Customs in separate facets of the investigation.

Earlier, a UAPA case was filed concerning the smuggling, which is already under review by the Special NIA Court in Kochi. The ED specifically seeks a move from the Special PMLA Court in Ernakulam to a similar jurisdiction in Karnataka, citing the need for an unbiased and unaffected trial environment.

The Supreme Court previously allowed the State of Kerala to participate in proceedings after they filed an impleadment application. The next hearing, now set for six weeks later, will continue to address whether the transfer is warranted considering the allegations of influence and interference in Kerala.