Sabarimala gold theft: ED approaches Vigilance court seeking SIT documents to probe money laundering

The Enforcement Directorate (ED) has approached the Vigilance Court seeking copies of FIRs and statements recorded by the Special Investigation Team (SIT) in the Sabarimala gold theft case to initiate a probe under the Prevention of Money Laundering Act (PMLA). The ED said the documents would be used solely for investigation purposes and would remain confidential.

In its petition, the agency stated that it is prima facie satisfied that "proceeds of crime" (money/property gained through the criminal act) were possessed by the prime accused, Unnikrishnan Potty and others by committing the "scheduled offence". "ED is duty-bound to collect materials to ascertain the involvement of money laundering," the petition said.

The ED moved the Vigilance Court after the First Class Judicial Magistrate Court, Ranni, dismissed an earlier application seeking the same documents. The Magistrate had refused the request on the ground that the case was sensitive, being monitored by the High Court, and that the High Court had ordered a discreet investigation.

The agency challenged this order before the Kerala High Court. According to ED’s application, the case includes "scheduled offences" under the Prevention of Money Laundering Act, 2002, making access to the FIR and FIS (First Information Statement) necessary to initiate a PMLA investigation. The ED’s counsel argued that the Magistrate’s reasons for dismissal were unsustainable and based on an assumption that the High Court had restricted access to the FIR due to the sensitive nature of the case. 

Though the High Court clarified that none of its orders had barred or restricted handing over the FIR to the ED for initiating a PMLA probe, it also noted that the agency’s application was incomplete as it did not mention whether any "proceeds of crime" existed. The court directed the ED to file a fresh, properly detailed application.