HC rejects Swapna’s anticipatory bail plea, protests rock Kerala

The Kerala high court on Thursday rejected anticipatory bail petitions of gold smuggling case accused Swapna Suresh and PS Sarith, even as the state witnessed widespread protests seeking resignation of chief minister Pinarayi Vijayan over latest revelations against him in the case.

Police registered a case against Swapna on Wednesday after former minister KT Jaleel filed a complaint alleging criminal conspiracy to defame him. Besides the CM and his family members, Jaleel were among those named by Swapna after she furnished a statement before a court on Tuesday.

Later, a case was registered against her on charges of criminal conspiracy and provocation with an intent to cause riot. She moved the HC for a pre-arrest bail on Wednesday.

The prosecution opposed the bail petitions saying there was no plan to arrest the both the key accused now and insisted that they were booked under bailable sections. The single bench of Justice Viju Abraham accepted the contentions and rejected their pleas.

Swapna’s counsel R Krishnaraj later said a fresh plea will be filed in the high court on Friday to quash the new FIR. Later, the government constituted a special investigation team to probe the fresh case.

In the plea, Swapna also alleged that a person – Shaji Kiran – came to her office in Palakkad on Wednesday and threatened not to give further statement against the CM and asked her to withdraw what she gave before the court. She later told media Kiran was introduced to her by former principal secretary to CM M Sivasankar, also an accused in the smuggling case, saying he was close to the CM.

Protests rock state

The state witnessed protests by opposition parties seeking the resignation of the CM. Police carried out baton charge and fired water cannons in Thiruvananthapuram and Kozhikode. Five workers of the Youth Congress and Bharatiya Janata Yuva Morcha were injured in the melee. In the state capital, Mahila Congress workers cooked biryani outside the state secretariat and later distributed freely.

On Tuesday, Swapna had alleged that heavy biryani pots were taken to the CM’s official residence from the UAE consulate on several occasions and she was forced to facilitate these deliveries. She alleged that Vijayan and his family were “aware of everything.” In all protests, biryani pots figured prominently.

“We will continue our protest till he resigns. Central agencies’ role is also suspicious. He should resign and face the law,” said Congress leader VD Satheesan.

But the CM reiterated that his government will survive the latest “flood of lies”. “The same issue was live during the last assembly election and we got more seats,” he said, adding that people will reject these lies with contempt.

The ruling CPI(M) continued to defend the CM, with its state secretariat issuing a statement on Wednesday alleging conspiracy behind the “false” allegations against Vijayan.

Swapna also filed another petition in the sessions court in Ernakulam seeking protection to her. In her complaint she alleged that she was facing threat to her life after she gave confidential statement before the court. “I have full faith in judiciary. I am getting pressurised and threatened. Why should I suffer all alone when many involved are leading normal life,” she said in Palakkad. She said her lawyer will release audio clip of some conversations that carried threat and persuasion on Friday.

ED moves Ernakulam court

The Enforcement Directorate (ED) moved the Ernakulam district court on Thursday to get a copy of state statement given by Swapna under 164 of the CrPC. “It seems there are serious revelations in her latest statement. We will go through it and take appropriate actions,” said a senior ED official. The next step is crucial as she had raised serious charges against the CM and his family.

To counter the ED’s advances, the state government decided to revive Justice VK Mohanan Commission to probe transgressions in the investigation carried out by the central agency. Though the high court had stayed the proceedings of the judicial commission last year. The one-year term of the commission was going to end next week.

The ED is investigating the money-laundering part of the smuggling case. Its plea to cancel the bail of senior IAS officer M Sivasankar is pending in the Supreme Court.

The sensational gold smuggling case came to light on July 5, 2020 after the customs seized 30-kg gold hidden in bathroom fittings in one of the consignments came in the name of the UAE consulate in the state capital. A former employee of the consulate, Sarith, who came to receive the consignment, was arrested the same day and after a week NIA arrested Swapna and her accomplice Sandeep Nair from a hideout in Bengaluru. The case had witnessed many twists and turns in last two years and most of the 32 accused are on bail.

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