Twitter
Advertisement

Kerala Gold Smuggling Case: Centre opposes bail for accused, NIA files FIR

Centre said the bail plea is not maintainable as the NIA has taken over the probe and it can only be considered by a Special Court.

Latest News
article-main
FacebookTwitterWhatsappLinkedin

The Centre on Friday informed the Kerala High Court that the bail application filed by Swapna Suresh, the main accused in the Kerala gold smuggling case, is not maintainable as the National Investigation Agency (NIA) has taken over the probe. 

The bench verbally agreed with the government counsel’s submission and adjourned the hearing for Tuesday. The court has also agreed to provide a copy of the FIR filed by the NIA to Swapna’s advocate.  

The Central government counsel, Ravi Prakash maintained that under Section 21 of the NIA Act, the High Court has no original jurisdiction to consider the anticipatory bail application, adding that it can only be considered by the Special Court. 

He further stated that the custodial interrogation of Swapna Suresh had to be conducted to establish her involvement and motive in the delivery of the diplomatic cargo. 

The NIA informed the court of having filed an FIR and that their investigation is underway as per Sections 16, 17, & 18 of the Unlawful Activities Prevention Act (UAPA). 

The Central government lawyer informed the court that even if the bail was to be considered, this case had serious implications and that the nature of crime affected the security and financial stability of the country. 

Swapna Suresh’s bail plea that was filed earlier this week stated that she was working with the UAE Consulate general office from 2016-19 and that she had completed many assignments there, successfully. Following her resignation from there in 2019, she worked as a contract staff in PWC, which dealt with the Space park projects that came under Kerala government’s IT Department.

It added that the Consulate General of UAE in Thiruvananthapuram had again sought her assistance in administrative matters due to her experience in the same. The plea states that she worked with the Consulate under a “Work on request” basis, as a part of which she had checked with Customs regarding the delay of the Consignment. 

The plea stated that “she was innocent, had not committed any criminal offences as alleged and had no connection with respect to the smuggled gold”. 

How the case progressed through the week

On Sunday, the Customs at the Thiruvananthapuram airport seized 30kg of gold, valued at nearly Rs 15 crore, in a diplomatic cargo addressed to the UAE Consulate in the capital city. The cardboard carton weighing 79 kg 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”.

Customs Officials registered a case pertaining to the illegal import of gold and also arrested Sarith, a former PRO of the UAE Consulate. 

Opposition leaders alleged that the Kerala Chief Minister’s Office was connected to the case and that the CM’s Principal Secretary was in touch with Swapna Suresh and also behind her appointment in the Space Park job. This led to the CM’s Principal Secretary, Sivasankar being sent on one year leave. 

According to reports, Sivasankar had been embroiled in another controversy recently, after he initiated an agreement with an American firm, Sprinklr to share details of COVID patients and suspects, without the knowledge of CM and the cabinet.

Following the political storm and serious allegations that rocked the state government, the Kerala Chief Minister wrote to the Prime Minister and Finance Minister seeking a probe by the concerned Central agencies. 

On Thursday, the Home Ministry permitted the NIA to take over the probe on the grounds that “organized smuggling operation may have serious implications for national security”. 

In a statement issued on Friday, the National Investigation Agency said that the smuggling of a large quantity of gold into India from offshore locations threatening the economic and stability and national security amounts to a Terrorist Act as stated in the Unlawful Activities (Prevention) Act 1967.

The NIA also registered an FIR in Kerala against four persons in connection with this case. While three of them - Sarith, Sandeep Nair, Swapna Prabha Suresh - are residents of Thiruvananthapuram, fourth accused Fazil Fareed is an Ernakulam resident.

Find your daily dose of news & explainers in your WhatsApp. Stay updated, Stay informed-  Follow DNA on WhatsApp.
Advertisement

Live tv

Advertisement
Advertisement