The Supreme Court today deferred the hearing of a petition filed by the Enforcement Directorate (ED) seeking to transfer the Kerala Gold Smuggling case from the Special PMLA Court in Ernakulam, Kerala, to Karnataka. A bench comprising Justices Hrishikesh Roy and SVN Bhatti adjourned the matter by six weeks at the ED’s request.
Hearing Details
Advocate Vivek Gurnani, appearing for the ED, sought an adjournment, citing the unavailability of Additional Solicitor General (ASG) SV Raju. This was not the first such request, as noted by Justice Roy, who remarked:
“I don’t think you are interested really…either Mr. Raju is not available, or some other difficulty is coming.”
Senior Advocate Kapil Sibal, representing the State of Kerala, echoed the bench’s concerns, observing that repeated adjournments suggest the ED lacks interest in pursuing the case. Despite this, the Court granted the request and dictated the order:
“Once again, prayer for adjournment is made on behalf of the petitioner, citing the difficulty of the learned ASG. Mr. Kapil Sibal, learned senior counsel appearing for the respondent, submits that repeated adjournment is sought in this matter by the other side and therefore, it is apparent that they are not interested in the prayer made in the transfer petition. Be that as it may, granting the prayer made by the petitioner, the matter stands adjourned by six weeks.”
Background of the Case
The Kerala Gold Smuggling case surfaced in July 2020 when Customs officials at Trivandrum International Airport seized gold worth ₹14.82 crore concealed in diplomatic baggage addressed to the UAE consulate in Thiruvananthapuram. The incident prompted a significant investigation, including the registration of a UAPA case before the Special NIA Court in Kochi.
The ED is investigating the case under the Prevention of Money Laundering Act (PMLA) and has sought the transfer to Karnataka, citing concerns over a “free and fair trial” in Kerala. The agency contends that the accused, including:
- M Sivasankar (former Kerala Principal Secretary),
- PS Sarith (former UAE consulate staff),
- Swapna Suresh (former UAE consulate official), and
- Sandeep Nair,
are influential individuals with strong ties to top Kerala Government officials, potentially jeopardizing impartial proceedings.
In October 2022, the Supreme Court allowed the State of Kerala to be impleaded in the matter and file its reply.
Next Steps
The case is now adjourned for six weeks, with the ED expected to clarify its position and pursue the transfer petition actively.
Case Title: Directorate of Enforcement v. Sarith PS and Others, TP (Crl) 449/2022
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