Gold smuggling: Crime Branch’s FIRs a malafide bid to derail probe, ED informs HC

KOCHI: The Enforcement Directorate on Friday informed the Kerala High Court that the FIRs registered against its investigating officer in the gold smuggling case is nothing but a vexatious attempt to interfere with the statutory functions of the agency. It also stated that Sandeep Nair, accused in the gold smuggling case, is making frivolous allegations on the advice of highly influential persons with a malafide intention to derail the ongoing investigation.

According to ED, Sandeep Nair has raised the allegation after being in prison for eight months. Whenever he was produced before the special court, he told the judge that he had no complaint against the investigation team. The registration of the FIR by the state Crime Branch (CB) is an abuse of the process of law and that the state agency has created an unprecedented crisis. 

The CB’s sudden move to obtain permission from the Ernakulam Sessions Court for recording Sandeep’s statement on March 31 without intimating the ED was against the law. It demonstrates the mala fides of the state police. Its hurry in recording his statement under Section 164 of CrPC before a magistrate also reveals its ulterior motive, the ED said.

The ED made the submission when the petition filed by it seeking to quash the two FIRs registered against its officers based on the audio clip of Swapna Suresh and the complaint filed by Sandeep Nair alleging that the ED officers had forced them to give statements against the chief minister in the gold smuggling case. The court reserved its judgment, but said it might pronounce the same on April 16. 

The court made it clear its earlier interim orders will continue till the judgment is pronounced. The court had directed the CB not to take coercive action against ED officers and barred the state agency from taking steps with regard to the probe in the second FIR. 

Meanwhile, the court rejected the state’s request for recording Sandeep’s statement under Section 164 of CrPC before the magistrate court. Special Prosecutor T A Unnikrishnan submitted that the special court has already taken Sandeep’s letter as a petition, numbered it and asked ED to submit a report.