Sivasankar tries to punch holes in the Enforcement Directorate case

M Sivasankar in ED custody
M Sivasankar in the ED's custody. File photo: Robert Vinod/Manorama

Kochi: Bureaucrat M Sivasankar is trying to put up a solid defence as he seeks bail over the money laundering case related to the gold smuggling operations.

The former principal secretary to the Kerala Chief Minister wondered how the statements of Swapna Suresh, the main accused in the diplomatic gold smuggling case, could be accepted as evidence against him. He stated this in his bail plea filed in the High Court.

Sivasankar argued that Swapna’s statement was made under pressure in custody. Citing earlier court rulings, he said the statements taken after her arrest would not stand legal scrutiny.

The argument of the Enforcement Directorate (ED) will begin on December 18. The bail application is being heard by Justice Ashok Menon.

Spirited defence

Sivasankar's lawyer told the court that Swapna had named him for the first time on November 10 after making statements eight times previously in which she said that he had no role in the gold smuggling case. WhatsApp messages are not enough to conclude that Sivasankar had knowledge about the gold smuggling activities.

It is alleged that he took bribe and leaked information about the Life Mission and K-Fon projects. It is said that the information was shared before the tender was opened. This is weird, the lawyer said.

The counsel claimed the ED is creating a smoke screen. It first said that the money found in Swapna's locker was proceeds from gold smuggling. Later, it, however, changed the charge and said the amount was the bribe received by Sivasankar for the Life‌ Mission project. The ED does not have the authority to prosecute anyone on the charge of leaking confidential information.

How can urging Swapna, a friend, to apply for a vacancy in the Space Park project be a crime? The lawyer argued.

Sivasankar leaked details of govt projects: Customs

The Customs Department has alleged that Sivasankar leaked information about the state government’s projects to the accused in the gold smuggling case while he was serving as the Kerala Chief Minister’s principal secretary. The investigation team submitted a report regarding this in the Economic Offences Court.

It made mention of this in an application filed in the court seeking the remand of Sivasankar after completing his interrogation.

The court also remanded Swapna and co-accused P S Sarith, who were in the custody of Customs, till December 22.

Customs Commissioner in Delhi

The Chairman of the Central Board of Indirect Taxes and Customs (CBIC) has summoned Customs (Preventive) Commissioner Sumit Kumar. Sumit Kumar, who has arrived in Delhi, will meet the chairman on Wednesday and return on Thursday.

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