Kochi: The High court will deliver its verdict on M Sivasankar’s anticipatory bail plea related to the gold smuggling case on the 28th. No arrest shall be made until then, the Court told the investigation agencies - ED and Customs. The two agencies raised objections to Sivasankar’s bail plea. Justice Ashok Menon adjourned the case after a hearing lasting one hour on Friday.
ED Arguments
The ED argued that Sivasankar participated in the the smuggling conspiracy and that Swapna was merely a pawn. The locker contents was his reward for colluding with the racketeers. Smuggling activity impacts the economy adversely and hence there should be no compromise. Efforts are on to make out the exact role Sivasankar played in the smuggling.
Swapna was largely controlled by Sivasankar, who is a high ranking and powerful government official. Allowing an anticipatory bail can hamper the investigation seriously. No such bail should be granted. Sivasankar indulged in gross misuse of his influence in the Chief Minister’s Office.
It came to light during the probe that, Sivasankar shared a close relation with Swapna. Swapna could not afford to come up with a sum of even Rs. 25,000 and it is puzzling how the same woman was later able to make a payment of Rs. 30 lakhs.
When confronted with questions based on WhatsApp messages, Sivasankar feigns ignorance. He refuses to divulge why he introduced Swapna to the chartered accountant. Often misleading, Sivasankar is not honest in his answers.
Holding a joint-account with the chartered account is a curious act. Sivasankar exchanged WhatsApp messages with Swapna all day. It is not possible to disclose all matters at this bail petition hearing. A thorough investigation is a must , ED said and handed unstated evidence in a cover sealed with ED stamp to the court, which it claimed was being done to prevent tampering of evidence.
Customs Arguments
Customs arrayed their set of objections saying, Sivasankar refuses to cooperate with the probe despite serving notice. When approached, he got himself admitted into a hospital where his wife works. Given that Sivasankar is not named an accused, there is no need for anxiety. According to Supreme Court ruling, there should be no anticipatory bail in cases of economic offences, Customs told the court.
Sivasankar's Arguments
Sivasankar countered the claims saying the two agencies - ED and Customs - were trying hard to have him locked up. I have never knowingly stood by any money laundering knowingly. All arguments put forth by the agencies pertain to 2018. This can be verified by checking on the transaction dates.
All I have done is introducing a person known to me to a chartered accountant. I have no objections to the chartered accountant's version of things. On my part, I have fully cooperated with the probe officials. I have not been able to provide answers on things not known to me. They have questioned me for a total of over 100 hours and I have spent at least 60 hours in travel to their sessions. All this has taken toll on my health.
The sleuths claim non-cooperation because I did not produce my Aadhaar card. The fear of arrest is not misplaced. The notices served to me do not even bear a case number.
I am accused of not cooperating with probe. My job and family life has been ruined. The society has ostracised me. I am unable to even book a room in a hotel.
The agencies are after an alleged deposit of Rs 30 lakh of 2018. That locker exists to this day and goes by the chartered accountant’s name. Nobody is inquiring where all that money vanished four months later.
No agency has accused me as conspirator at any point during their probe. NIA made it known that I am not an accused in the case. What is happening now is torture in the name of interrogation.
I have no idea of what sections I am charged under. Inability to procure a hotel room is reflective of my influence they are talking about.
To ED argument that Sivasankar intervened calling Customs for releasing the diplomatic baggage on the eventful day, senior advocate P Vijaybhanu appearing for Sivasankar said, it was a lie and that neither ED nor Customs has said so in their 302 paged affidavit submitted to the court.
