Published 18:28 IST, October 23rd 2020
Kerala gold smuggling: HC reserves order on Sivasankar's bail plea, order on October 28
The Kerala High Court has reserved its order on the anticipatory bail plea filed by the former principal secretary in the Kerala CMO, M Sivasankar
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The Kerala High Court has reserved its order on the anticipatory bail plea filed by the former principal secretary in the Kerala CMO, M Sivasankar, who is a key accused in the gold smuggling scandal. The High Court has reserved its order for October 28 and extended the interim protection from arrest till the order is pronounced. Sivasankar is facing prosecution by the Enforcement Directorate and the Customs Department as well, and both the agencies have opposed his bail.
On Tuesday, the Customs department in its report High Court alleged that former Principal Secretary to the Chief Minister's Office (CMO), M Sivasankar, faked illness to get admitted to a hospital. The Customs Department submitted that the anticipatory bail plea is not maintainable in law particularly under Section 438 of the Code of Criminal Procedure, which deals with the direction for grant of bail to a person apprehending arrest.
Moreover, the Enforcement Directorate had also opposed the bail and submitted to the court that Sivasanakar's alleged links with key accused Swapna Suresh can only be established through custodial interrogation. "Sivasankar participated in various activities with Swapna Suresh and others who have been booked under the Unlawful Activities (Prevention) Act (UAPA). He is also linked to serious economic offences and hence his custodial interrogation is required," ED had submitted to the court.
The Court on October 15 restrained the ED from arresting Sivasankar, former principal secretary to the Chief Minister, till October 23. In its submission, the ED alleged that the officer was "very close" to Suresh, a former UAE consulate employee, and would be sending WhatsApp messages to her throughout the day.
Apart from this, a special NIA court on Thursday disposed of Sivasankar's anticipatory bail plea in connection of the National Investigation Agency (NIA) probe in the case. The bail plea was disposed of after the NIA submitted that Sivasankar is not an accused as of now and his arrest is not under consideration.
Sivasankar's alleged involvement in gold smuggling scam
The gold smuggling scam came to light when the Customs officials seized 30 kg of gold worth Rs.15 crore at the Thiruvananthapuram Airport on July 5 from a diplomatic cargo addressed to a person in the UAE Consulate. Sivasankar's suspension was announced by CM Vijayan on July 16, based on the recommendations by a state government-appointed two-member committee probing his role in the scandal.
It was reportedly found that he had violated the All-India Services Conduct rules due to his connections with the accused. Amongst other charges, it has been alleged that the suspended bureaucrat allegedly played a key role in the appointment of Swapna Suresh as operations manager in the Kerala State Information Technology Infrastructure Limited.
18:28 IST, October 23rd 2020