Kerala gold smuggling: ED takes CM's ex-Secy Sivasankar into custody after HC denies bail

In a big win for Customs department and ED, Kerala High Court bench headed by Justice Ashok Men on Wednesday rejected anticipatory bail plea of M Sivasankar - former Principal Secretary to CM Pinarayi Vijayan. Subsequently, Sivasankar has been taken into custody by ED. 

In what many experts consider as an important milestone in Kerala gold smuggling probe, experts say  state could possibly witness unravelling of controversy with Sivasankar w taken into custody. Though ruling CPI(M) has already washed ir hands off Sivasankar by stating y have thing to do with his malpractice, many ministers names had appeared in statements given by accused as well as witnesses in case. Higher Education Minister KT Jaleel, Tourism Minister Kadakampilly Surendran, as well as Koduvally MLA Karat Razak, were some of names that appeared. KT Jaleel was also questioned by NIA in this connection.

READ | Gold Smuggling: Chennithala Says Sivasankar Used Kerala CMO; Terms His Chats 'shocking' 

What transpired during heated arguments between senior advocates

court witnessed a heated debate between three senior counsels. Senior counsel Advocate Ramkumar, who appeared for Customs had contended in court that Sivasankar's counsel's move for anticipatory bail under section 438 doesn't apply to him. Citing a division bench case, Ramkumar argued that application of Sivasankar counsel is incomplete and that his counsel only apprehends that he is an accused and that may or may t be case. He also stated that under section 108, any arrest would be made after recording statement and that prior tice would be provided. 

Responding to, Sivasankar's counsel Adv P Vijayabhanu said that PMLA act has power to arrest under section 19 and that many of its provisions do t give scope for bail and that is reason for applying for anticipatory bail. Stating that his client Sivasankar has travelled 600 hours for 100 hours of interrogation, he said that Sivasankar is w being treated as an untouchable as hotels are willing to accommodate him and hospitals are willing to provide him treatment.

He also said that locker facility was opened and operated by CA Venugopal and Swapna Suresh during vember 2018 and that he has t kwingly done anything. 

READ | Kerala Gold Scam: Sivasankar Asked His CA To Leave State Post Swapna Suresh's Arrest

M Sivasankar a “conspirator”, and Swapna Suresh a “pawn”: ASG

Additional Solicitor General (ASG) Suryaprakash V Raju had submitted sealed case diary to judge stating categorically that it had clear evidence which shows Sivasankar made calls to customs officials t to check bagg that came via diplomatic channels.
"M Sivasankar has been lying right, left and centre. Even when he was confronted with WhatsApp messs, he denied," said ASG.
Furr, he stated that Sivasankar gave financial help to accused, helped acquire a flat and his role with chartered accountant was t a mere introduction but active involvement and chartered accountant was made to handle ill-gotten money.
Arguing Sivasankar's counsel's remark that he was attending to all investigations, ASG stated that mere presence for interrogation cant be seen as cooperation or being truthful. He said, "Sivasankar was t talking truth, t cooperating and t giving correct answers."

READ | I Could Meet Sivasankar Only After Paying Commision, Reveals Santosh Eapen Of UNITAC

'Swapna under Sivasankar's control'

Emphasising that ecomic offences have 'deep-rooted conspiracies', he said Sivasankar is directly involved with proceeds of crime. "Swapna was totally under Sivasankar's control," he argued and added strings of operation were controlled by him. "For money laundering offences, jail is rule and bail is exception, said ASG referring to a previous SC judgment of 2015. ASG submitted that anticipatory bail could hamper investigation and prayed to reject application.

Advocate K Ramkumar who appeared for Customs concluded that Sivasankar has guarded secrets and has failed in his duty to avoid injury to ecomy of country. He had argued that anticipatory bail doesn't hold eugh ground. 

READ | Kerala Gold Smuggling: HC Reserves Order On Sivasankar's Bail Plea, Order On October 28

Im credits: PTI