The Gold Scam: Kerala HC dismisses plea to probe into alleged role of CM Pinarayi and former Secretary

The High Court Decision

The Kerala High Court yesterday dismissed a plea which aimed to register an FIR against Kerala Chief Minister Pinarayi Vijayan and his former Secretary-in-charge, M. Shivashankaran, for their alleged involvement in scams such as the Sprinklr deal scam, BevQ App. e-Mobility Consultancy scams and the gold smuggling case. The court stated that the National Investigation Agency (NIA) is already underway in this matter and the court should not intervene in any matter in the process.

The plea also seeked a CBI probe and was filed by Alappuzha-based journalist Michael Varghese through advocate Mathews J Nedumpara. The petition argued that effective and credible investigation was required to get deeper into the scams and the smuggling of 30 kg gold from UAE to Kerala. It further stated that unless the investigation is taken up either up CBI or NIA, the mafia orchestrating these illegal activities will go scot-free and similar offences are bound to be repeated. A division bench of Chief Justice S Manikumar and Justice Shaji P Chaly finally dismissed this said petition stating no evidence was adduced in support of the allegations and also that there exists an alternate remedy in CrPC (Code of Criminal Procedure) when the police have not registered an FIR.

What is the Kerala Gold Scam?

On 4th July 2020, customs officials at the Trivandrum International airport of Kerala seized more than Rs. 13 crores worth of smuggled gold. It was more than 30 kgs of gold and was addressed as an air cargo addressed to the United Arab Emirates Consulate. As the consignment was classified as diplomatic baggage, this smuggling racket has turned into a political controversy.

Following a piece of alleged intelligence information and tip-off, customs officials confiscated the bags and reported it to the Ministry of External Affairs in New Delhi. The Ministry informed the officials that the bags contained packets of noodles, dates, and biscuits. However, upon X-ray screening and inspection, the gold was found smuggled in a cylindrical form inside steel pipes, door locks, air compressors, and iron rods. As it as a diplomatic suitcase, the container had diplomatic immunity from search and seizure, meaning it could not be opened or detained. As per Customs Act and Diplomatic Relations (Vienna Convention), two kinds of objects of the diplomats are exempted from inspection: articles for official use and the personal baggage of a diplomatic agent. In this case, the consignment was tagged as personal luggage.

The opposition Congress government in the State alleged that the Kerala CM Pinarayi Vijayan and his office have connections with his former principal private Secretary-in-charge, M Shivashankaran who is alleged to be connected with Swapna Suresh, prime accused in this smuggling case.