Kochi: In a case registered by the Enforcement Directorate (ED) in connection with gold smuggling, former Principal Secretary to the Chief Minister M. Sihvashankar’s bail plea was rejected by Ernakulam Principal Sessions Court. The second accused, Swapna Suresh, told ED on November 10 that Shivshankar was aware of the gold smuggling and that Shivshankar had called the customs officials at his request. If this is true, the 53 – page judgment says further investigation is needed to find out whether Shivshankar called the customs officials to release the gold bags. At the same time, the verdict says that Swapna who has not revealed the role of Shivasankar in this case so far and, should be examined now.
Shivshankar was arrested on October 28 in a case registered by the ED on charges of money laundering following gold smuggling. The court said that based on the existing documents and evidence, it could not be said that the accused was not guilty and that the investigation was at a critical stage. The court ruled that more time was needed for the investigating agency to gather evidence of the defendant’s role in the crime.
From the beginning, the ED maintained that the money and gold seized from the locker of the Swapna were obtained through gold smuggling. However, in the explanation filed against the bail application, the ED clarified that Swapna stated that the Rs 1 crore seized was a bribe given to Shivshankar in the Life Mission project. According to ED, this is the first time a bribe has been seized. The court said that the ED’s contradiction in the case should not become a means of escape for the accused, arguing that he was not guilty in the case. According to Swapna’s statement on November 10, the money in the locker was Shivshankar’s bribe and he had passed on the secret information of Life Mission. These things had not yet been revealed by the Swapna. This is contrary to the position of the ED in the first charge sheet that the money was obtained through gold smuggling. When asked about the discrepancies in the findings, the Additional Solicitor General said the preliminary indictment was not final and the investigation was continuing. The statement of the Swapna should be carefully examined and further investigation should be done. Only through further investigation can it be ascertained whether the proceeds from the alleged crime or the bribe in the Life Mission project. If Shivashankar is involved, the matter should be investigated, the court said.
According to ED, Shivashankar’s statement dated October 15 that he had called the customs officials at Swapna’s request was not in the case records or the sealed envelope. The customs officer who called Shivashankar has not been questioned. The statement was given by Swapna on November 10 stating that Shivashankar had called the customs should be scrutinized. The court said that this should be examined at the trial stage based on further investigation.
