Kochi: With Assembly Elections round the corner Customs too has descended on the scene. It has submitted currency-smuggling culprit’s testimony as affidavit in the High court, to purport grave accusations against the government. The Customs affidavit comprises Swapna’s secret testimony stating the Chief Minister, Speaker, 3 ministers and a personal staff to CM are involved in illegal transactions made via UAE Consulate.
Dubiously, the affidavit has come over a case unrelated to Customs and has been submitted without court seeking any response from it. Also intriguing is the fact that copies of the affidavit were leaked to media and the Opposition leader before it was filed with the court. although the document claims Swapna is the only person with knowledge of the secret statements mentioned in the affidavit and the only one who can provide evidence thereof.
The Customs Commissioner Sumeet Kumar filed affidavit on Friday on grounds that it comprised Swapna’s secret testimony to Ernakulam Magistrate court. The affidavit comes in response to Jail ADGP’s plea to repeal added provisions in court ruling on Swapna’s jail stay. ADGP’s plea to the Ernakulam Special Economic Offences Court said the security arrangements for Swapna were up to the mark. The court has not sought any response from the Customs on the topic. And, preposterously, the unwarranted affidavit also comprises statements not related to the context.
Swapna’s secret testimony according to the Customs affidavit says : “Chief Minister has close links with former General of UAE Consulate and that Swapna has full knowledge of the ongoings and is closely acquainted with the Chief Minister, Speaker, 3 Principal Secretaries and one personal staff. The currency smuggling was carried out on instructions from CM and Speaker with help of UAE Consulate. SheI was witness to every transaction that occurred. Being well versed with Arabic language, she was compelled into the role as interpreter. CM’s former Principal Secretary Sivasankar acted as key link between the govt and UAE Consulate.
Sivasankar, under cover of govt schemes, coordinated financial deals with some persons outside the government and Consulate.”
When asked for details, Sumeet Kumar told the court it will be handed over in a sealed cover. It was in November 2020 that, Swapna expressed wish to render her secret testimony. However, with no lawyers forthcoming with assistance, Customs reportedly helped her make her confession, said Customs.
Secret Testimony and Script; Drama Falls Flat
The affidavit controversy clearly indicates how the confessions of gold-smuggling culprit Swapna Suresh and incidents that played out in Attakulangara jail are part of the conspiracy tailored by Customs. Swapna Suresh gave her confession to First Class Magistrate Court in Kochi in Nov 2020. Curiously, the prior request for such confession was submitted by the investigating agency namely, the Customs itself . It is unusual for an investigating agency to submit plea for confession on part of culprit, say legal experts. Thus the so-called confession points to one that has been coerced by Customs, it is a fact that came to be divulged by Swapna’s first lawyer, Geo Paul. He had let Swapna know that giving a confession before being chargesheeted would not do any good. However, she fell for Customs promise of granting her immunity in the case, he said
Customs had threatened Swapna they’d incriminate her daughter in COFEPOSA(Conservation of Foreign Exchange and prevention of Smuggling Activities) case. It is to render credibility to her confession that the Customs got Swapna to complain of security threat in jail. Customs advocate had submitted her plea in court - one that Swapna later said was only signed by her without going through the content. The move eventually attracted media spotlight during local body elections.
Swapna’s secret testimony to Magistrate court has not been out until now. Only Customs has a copy of the statement. So how come it names Chief Minister, 3 other ministers and speaker for its affidavit stating there is threat to Swapna’s security in jail ?
Customs has no explanation for how the details of testimony might be known to anyone else at all. Therefore the whole thing is purposed solely to publicise malicious accusations of the testimony. That also explains why Customs submitted the affidavit, despite it not being a party to the case relating to security or being asked by the court. In fact, the contents of the affidavit became news even before it was submitted to the court.
Swapna’s Testimony Coerced By Customs, Says Her Former Lawyer.
Swapna so-called confession and secret testimony is a product of Customs pressure, said her former lawyer Geo Paul. He was removed for advising Swapna not to give a confessional statement under Criminal Procedure 164, before the authorities filed a chargesheet, said Paul.
As the act of giving a formal confession could be damning to other cases against her, I had advised Swapna to refrain from making one at that stage, said Paul. Matters can’t be moved as per clients’ wishes because they more often are unaware of the law. Hence, it is a lawyer’s job to advise the client in proper direction, he added.
And, that’s just what I did; I told her, when a confession is given out before being chargesheet, authorities can add several charges in their document, whereby the client could come in harm’s way. Also, statements made under 164 amount to confession and are not considered as witness testimony. This was the angle, I tried to convince Swapna on. However, Customs lured her with promises including one that would fetch her immunity in the case, said Paul.
Even when a confession is made, Customs alone cannot be of help to Swapna. She is arraigned in cases mounted by NIA and Enforcement Directorate too and despite complying to Customs’ asking, she has not secured bail so far, said Geo Paul.
After ousting Paul, it is intriguing that Customs itself submitted plea to the court for Swapna’s confession.Customs acting as go-between comes even as Swapna can make such a request on her own.
Customs advocate Suraj T Ilanjikal is now Swapna’s advocate.
