Kerala gold smuggling case has gained a lot of attention after the state’s Chief Minister, Pinarayi Vijayan’s ex-principal secretary, M Sivasankar was arrested on the night of October 27. Names of various political men have come up in the investigation regarding the 30 Kg gold seizure at Thiruvananthapuram airport.  The ED and PMLA court got gradually involved in the case.

A diplomatic cargo of Al Zatar spices, from Dubai which generally is exempted from routine check-ups by the customs department, was investigated after having a hint and suspicion of concealed gold being transferred to Kerala from Dubai. The customs department’s suspicion grew stronger after a UAE Consulate, Sarith Kumar showed up to claim the cargo. He had been working with the Consulate General but was removed from the post in 2019. Upon investigating the cargo, which was initially claimed to carry bathroom fittings and eateries, 30 Kg gold worth Rs. 15 Crores was found in it.

As the National Investigation Agency (NIA) progressed with the case, M Sivasankar’s name came up. He was the principal secretary of the CM and also the head of the Kerala State Information Technology Infrastructure Limited (KSITIL). As the case grew stronger against him, and Vijyan’s name started to come up, Sivasankar was removed from his post. He was soon arrested after being investigated by the NIA, ED, and the Customs authority, for money laundering on October 27.

The opposition took the opportunity to corner the Kerala CM by launching a ‘non-confidence’ movement against him. Congress also put forth the demand that Vijayan needs to be investigated and questioned by the NIA and also persuading him to take full responsibility for Sivasankar’s actions.

Vijayan made a statement that stated, “I don’t want to blame any agency or any official. But I want to make clear certain things when professional standards generally accepted by investigative agencies are being subverted and investigations are being diverted to suit certain vested interests.”  He further added that such actions are in violation of the jurisdictions and described it as an ‘encroachment of the Constitution’.

In this case, ED has got 6-day custody of M Sivasankar. The ED probing the suspected money laundering in the Kerala gold scandal, on Thursday claimed that former principal secretary M Sivasankar shared confidential information related to the LIFE Mission and K-FON projects, Kerala government’s housing scheme for the homeless and free internet service for the poor, respectively to co-accused Swapna Suresh.

The central agency submitted this at the Special Court for Prevention of Money Laundering Act (PMLA) cases in Kochi, which extended the custody of Sivasankar for six more days till Wednesday. Sivasankar was produced at the court at the end of his seven-day custody on Thursday.

When he was presented at the court, the ED asked for an extension of the suspended officer’s custody for seven more days. ED Special Prosecutor TA Unnikrishnan submitted that Sivasankar is giving evasive answers to questions. Investigation has revealed that Sivasankar was sharing confidential government information pertaining to the LIFE Mission project and K-FON with the purpose of sharing to Unitac Builders and Developers, which already admitted to having paid a huge amount of kickbacks to Swapna and others. Sivasankar sharing confidential government information shows that he is also part of these shady deals.

However, the court asked the ED whether it is probing the money laundering behind the gold smuggling case or the LIFE Mission project. The court also asked the ED to trace the ‘proceeds of crime’ generated from the gold smuggling case and whether it is connected with the LIFE Mission project. On this, Unnikrishnan said these projects are interlinked with the gold smuggling incident. Senior advocate B Raman Pillai, appearing for Sivasankar, submitted that the ED is not interested in gold smuggling incidents but in government projects. The court further verbally observed that Sivasankar is a senior bureaucrat and asked for what reasons his further custody is being sought.

On this, ED special prosecutor Unnikrishnan said that he is not an ordinary man but the Principal Secretary of the Kerala Chief Minister. “He knows all the tricks to mislead us. He was overseeing the execution of important projects under the Kerala government including Smart City, LIFE Mission, and K-FON. Our investigation has revealed that Swapna was associated in some way or other with all these projects and we have documentary evidence for it. It was revealed that Sivasankar was aware of kickbacks given by Unitac Builders and Sane Ventures to Swapna and others,” he submitted.

Meanwhile, the affidavit filed by ED stated that Sivasankar knew all the key accused in the gold smuggling case — Sarith PS, Swapna and Sandeep. “Another person Khalid, the finance head of UAE Consulate, who is a major beneficiary of the kickback received from Unitac Builders, was also known to Sivasankar. Sivasankar tried to mislead the investigation by denying his acquaintance with Khalid. However, he later admitted to having known Khalid. This issue also needs to be investigated,” the affidavit said.

The court asked M Sivasankar whether he has anything to submit. He said there are no complaints against the agency. The court told the ED not to ask for further custody of Sivasankar again and produce him back on the expiry of the custody by 11 am on Wednesday. The court will hear the bail plea of Sivasankar on the same day.

The author is a student of Amity centre of Happiness