NEW DELHI: The Supreme Court has issued notice to Kerala government on a petition by the Enforcement Directorate to transfer the trial in the gold smuggling case from Kerala to Karnataka in view of close proximity between the accused and top functionaries in the state.
The ED claimed "free and fair trial" of the case is not possible in Kerala due to the close nexus between the accused and top officials and functionaries in the Kerala government.
A bench of Chief Justice U U Lalit and Justice S Ravindra Bhat fixed the matter for further hearing next week.
The court also allowed the application filed by the Kerala government seeking impleadment in the ED's petition. The state government opposed EDs plea to transfer the case.
Arguing for the ED, Solicitor General Tushar Mehta cited the averments made by Kerala government in its impleadment application that the statements of accused Swapna Suresh regarding the involvement of those holding high political offices created riots in the state.
These statements are enough to conclude that free and fair trial is impossible in Kerala, he claimed.
Mehta submitted that Kerala police lodged an FIR against the ED alleging fabrication of evidence, which was quashed by the Kerala High Court, and also cited allegations made by accused Swapna Suresh and other accused regarding pressure exerted by the Kerala police.
Following the hearing, the top court asked the Kerala government to file its reply by the end of this week and said it will dispose of the matter on the next hearing.
In its impleadment application, the state government said, If the transfer is allowed on the allegations now raised, it will have an adverse effect on the governance of the State. The State of Kerala is, therefore a proper and necessary party to this transfer petition. In so far as the transfer will have a bearing on the proposed 340 Cr PC enquiry before the special court, the state and its officers were necessary parties to the transfer petition.
The state government contended that nothing has been placed on record nor was it possible to allege that the whole of the state of Kerala cannot ensure a free, fair, and impartial trial.
The Enforcement Directorate has not substantiated with evidence that the investigation carried on by them for more than one and half years has been hindered. There has not been a single incident in which Investigating Officers of the Enforcement Directorate were prevented from discharging their duties. They have been freely summoning witnesses and examining them. These include public servants holding important position," the state government contended.
