Kerala: 30kg gold smuggling case gets murky, top bureaucrat's role in question

In response to the alleged involvement of a top bureaucrat M.Sivasankar in the gold smuggling via the diplomatic channel and the ensuing controversies, Kerala Chief Minister Pinarayi Vijayan said that the State government had nothing to do with it, and put the onus on the Central government. “All airports in the country come under the central government. For any issues happening here, the central government is responsible and the State government has nothing to do with this.” However, the opposition parties in Kerala suggest otherwise. 

Opposition leaders have claimed that M.Sivasankar, the bureaucrat who served as the Chief Minister’s Principal Secretary and IT Secretary had ties with a woman who is said to be the kingpin of the case. According to reports, Sivasankar had been embroiled in controversy recently, after he initiated an agreement with an American firm, Sprinklr to share details of COVID-19 patients and suspects, without the knowledge of CM and the cabinet.

Questions are being raised on why the lady (alleged kingpin) was appointed a few months ago on contract as the marketing liaison officer of the Space Park under the Kerala State Information Technology Infrastructure Limited (KSITIL). The KSITIL works under Kerala’s IT department, and it has been alleged that Sivasankar was behind her appointment.

Earlier in the day, the Kerala Chief Minister’s office said that M Sivasankar was removed from the post of Secretary to the Chief Minister. 

On Sunday, the Customs at the Thiruvananthapuram airport seized 30kg of gold, valued at nearly Rs.15crore, in a diplomatic cargo addressed to the UAE Consulate in the capital city. The cardboard carton weighing 79kg had contained foodstuffs and what was said to be “articles other than foodstuffs”. On closer examination and dismantling, it was found that the “articles other than foodstuffs” had gold concealed in them. 

As per the remand request filed before the Chief Judicial Magistrate, the Charge d’Affairs of the UAE Consulate affirmed that his family had sent the list of nine items that were mentioned as foodstuffs. He also confirmed that he had no relation with the items that are mentioned as “articles other than foodstuffs”.

The Charge d’Affairs also informed the Customs officials that Sarith, a former PRO in the Consulate had helped in getting the goods cleared in India. Adding that Sarith was no longer a consulate staff, he stated that Sarith’s help was sought for odd jobs. The Charge d’Affairs specifically denied any legal claim on his part and that of the UAE Consulate on the gold that was recovered. 

Appearing before the Customs authorities, the former consulate PRO Sarith gave a voluntary statement under section 108 of the Customs Act, which indicated his active role in bringing the consignment containing gold to India under the guise of diplomatic baggage. The remand request also states that Sarith gave evasive answers when asked about his accomplices in the offense. 

Examination of Sarith’s mobile phone also revealed that he had formatted it after the goods were detained at the airport, indicating an attempt to destroy evidence. 

It is alleged that a woman who had earlier worked with the consulate is the kingpin of this gold smuggling racket. Pictures from several Kerala government functions and banquets also show the woman in close proximity with senior government and opposition leaders and other officials. She is said to be facing a crime branch probe for fabricating a complaint against an Air India Official. 

However, Opposition leaders allege that the lady who is said to be the kingpin had been working as Operations Manager with Kerala State Information Technology Infrastructure Limited, under Kerala Government's IT department until Monday 6th July. She is currently missing and the Customs department, along with the Police Department has launched a search for her. 

Addressing a Press Conference, Chief Minister Pinarayi Vijayan asserted that the woman had no connection with the Chief Minister’s Office or the state government and that she served in a contractual role. “It is a contractual job and she was recruited through a placement agency, not directly by the government. She is understood to have worked under the Air India SATS and the consulate. It needs to be checked if she was appointed there (IT Dept) with some influence” he said.

The UAE mission in Delhi had said that its authorities have launched an investigation to find out who sent the cargo containing gold to the UAE Consulate. The authorities stressed that the culprits who not only committed a major crime but also sought to tarnish the reputation of the UAE mission in India will not be spared. 

A diplomatic bag or pouch is a physical box or container with legal protections that is used for carrying official documents or other items between a diplomatic mission and its home government. As long as these bags or containers are marked as Diplomatic, they have immunity from search or seizure as per International law. In this case, the search was conducted based on necessary permissions from the UAE authorities.