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

In a big win for the Customs department and the ED, the Kerala High Court bench headed by Justice Ashok Menon on Wednesday rejected the anticipatory bail plea of M Sivasankar - the 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 the Kerala gold smuggling probe, experts say the state could possibly witness the unravelling of the controversy with Sivasankar now taken into custody. Though the ruling CPI(M) has already washed their hands off Sivasankar by stating they have nothing to do with his malpractice, many ministers names had appeared in statements given by accused as well as witnesses in the case. Higher Education Minister KT Jaleel, Tourism Minister Kadakampilly Surendran, as well as Koduvally MLA Karat Razak, were some of the names that appeared. KT Jaleel was also questioned by the NIA in this connection.

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

What transpired during the heated arguments between senior advocates

The court witnessed a heated debate between three senior counsels. Senior counsel Advocate Ramkumar, who appeared for the Customs had contended in the 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 the application of Sivasankar counsel is incomplete and that his counsel only apprehends that he is an accused and that may or may not be the case. He also stated that under section 108, any arrest would be made after recording the statement and that prior notice would be provided. 

Responding to, Sivasankar's counsel Adv P Vijayabhanu said that the PMLA act has the power to arrest under section 19 and that many of its provisions do not give scope for bail and that is the 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 now being treated as an untouchable as no hotels are willing to accommodate him and no hospitals are willing to provide him treatment.

He also said that the locker facility was opened and operated by the CA Venugopal and Swapna Suresh during November 2018 and that he has not knowingly 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 the sealed case diary to the judge stating categorically that it had clear evidence which shows Sivasankar made calls to customs officials not to check baggage that came via diplomatic channels.
"M Sivasankar has been lying right, left and centre. Even when he was confronted with WhatsApp messages, he denied," said ASG.
Further, he stated that Sivasankar gave financial help to accused, helped acquire a flat and his role with the chartered accountant was not 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, the ASG stated that mere presence for interrogation cannot be seen as cooperation or being truthful. He said, "Sivasankar was not talking truth, not cooperating and not giving correct answers."

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

'Swapna under Sivasankar's control'

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

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

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

Image credits: PTI