M Shivashankar, former principal secretary to the Chief Minister, has been denied bail by the Kerala High Court in the “Life Mission" case registered by the Enforcement Directorate. While denying bail, the single bench of the High Court stated that the petitioner is a person with significant influence in the ruling party of Kerala, particularly with the Chief Minister of Kerala. The HC also expressed concern over the prosecution’s delay in arresting Swapna Suresh in the case.
The crux of the allegation is that the accused obtained pecuniary advantage/illegal gratification from the funds received from the UAE Red Crescent meant for flood victims in Kerala through the “Life Mission Project."
The Kerala government’s “Life Mission Project" had made an MoU with Red Crescent, UAE, on July 11, 2019, for the construction of residential apartments for flood-affected people in Wadakkanchery Municipality. WhatsApp conversations between Swapna Suresh and Shivashankar indicate that the contract for the vendor for the project execution was fixed in favor of Unitac Builders & Developers run by Santhosh Eapen.
Swapna Suresh had admitted that an upfront commission was demanded as a bribe, and Unitac Builders & Developers agreed to pay the amount before executing the project.
The counsel for Shivashankar submitted that he is innocent of the allegations levelled against him and that the action of arrest is a political stunt aimed at targeting the professional privity the petitioner had with the Chief Minister of Kerala.
The entire case is built up as a political hit by the Enforcement Directorate to falsely implicate the petitioner and, by extension, the executive head of the State and his family members.
Shivashankar also stated that the allegation is that he had received illegal gratification worth Rs 1,00,50,000 under the LIFE Mission project, which was parked in two bank lockers belonging to Swapna Suresh. The NIA Kochi Unit seized the said amounts on July 23, 2020, and the same proceeds of crime are projected as the proceeds of crime in the gold smuggling case.
While denying bail, the single bench order said that Shivashankar’s propensity to tamper with the evidence and to influence witnesses could be foreseeable, given that he is a person with significant influence in the ruling party of Kerala, particularly with the Chief Minister of Kerala.
The order also stated that, despite his involvement in serious crimes, Shivashankar was reinstated in service with effect from January 6, 2022, and he continued in the same position until his retirement, ignoring his involvement in serious crimes prior to this.
The order further expressed concern over the investigation being at an initial stage, with many accused yet to be arrested, including Swapna Prabha Suresh, who had an active role in the present crime. The prosecution’s delay in arresting Swapna Prabha Suresh is also a matter of serious concern.
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