New Delhi: Against the demand of the Enforcement Directorate (ED) to shift the trial of the money laundering case related to gold smuggling to Bengaluru, M. Sivashankar’s interlocutory plea. Sivashankar approached the Supreme Court asking for a further hearing before any decision or interim order is passed on the ED’s petition. Based on the news that the ED petition was filed, Shishankar filed the stay petition before the Supreme Court sent the notice.
Sivashankar, the accused in the gold smuggling case, has reached the Supreme Court after the ED clarified that it would give Swapna’s statement under Section 164, which contains very serious allegations against the Chief Minister and his family, if the Supreme Court directs it. In addition to Sivashankar, Sarit, Swapna and Sandeep, accused in the case, have been made the opposite parties in the petition of ED. Since the state government is not a party to this, it cannot come up with a stay petition. At the same time, the opinion of the state government may be sought while considering the case.
ED decided to transfer the case from Kerala after Swapna Suresh gave a fresh statement in connection with the case. After high-level consultations at the Centre, the assistant director of the Enforcement Directorate, Kochi region filed a petition in the Supreme Court, demanding that the case be transferred to a Bengaluru special court, pointing out that there is a possibility of subverting the case by influencing the witnesses. This was after legal advice from government lawyers and discussions with officials of the Union Finance and Law Ministries. The case is currently being heard by the Ernakulam District Sessions Court.
Meanwhile, ED Deputy Director P. Another petition filed by Radhakrishnan is under consideration of the Supreme Court. The Supreme Court allowed the ED’s request to stay the trial court proceedings in this petition. But after the bench headed by Justice AM Khanwilkar issued an interim order in October last year, the petition has not been considered till now.