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HC dismisses petition for probe against Kerala CM, his family

The high court rejected the argument of the petitioner that the investigation is not being conducted properly by the Central agencies in the gold smuggling case.

Statesman News Service | Kochi | April 12, 2023 8:57 pm

HC dismisses petition for probe against Kerala CM, his family

Kerala High Court [File Photo]

The Kerala High Court on Wednesday dismissed a petition filed by HRDS Secretary Aji Krishnan seeking investigation against political leaders, including state Chief Minister Pinarayi Vijayan and his family in the sensational Kerala gold smuggling case.

A single bench of Justice Bechu Kurian Thomas dismissed the petition observing that there is no basis for the argument that the investigation is not being conducted properly by the Central agencies.

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The court pointed out that the petitioner had not adduced any evidence to show that the investigation is not being conducted properly.

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Stating that the division bench had earlier decided similar petitions, the court said the petitioner did not present any new evidence to order a re-investigation of the matter already decided by the court. It observed that the investigation by Central agencies, the Customs and  the Enforcement Directorate (ED)  is in the right direction.

Observing that there is no reason to fear that if the higher-ups are found guilty during the investigation, they will not be investigated, the court said, “No matter how high you are, the law is above you.”

Aji Krishnan, in his petition, had demanded that the Enforcement Directorate(ED) and  the Customs should conduct a thorough investigation against political leaders, including Pinarayi Vijayan and his family in the wake of recent revelations by Swapna Suresh, the prime accused in the gold smuggling case.

The petitioner had argued that the statement given by  Swapna  to Customs, the matters written in Swapna’s biography and the allegations made by her in various press conferences all point to the role of political leaders including Chief Minister Pinarayi Vijayan and his family and former Speaker Sri Ramakrishnan in the gold smuggling case.

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The Kerala High Court, on Thursday, granted bail to M K Nasar, one of the individuals convicted by the special NIA court last year in the case of chopping the hands of Professor T J Joseph in 2010. A division bench comprising Justice Raja Vijayaraghavan and Justice P V Balakrishnan suspended Nasar’s sentence and granted conditional bail to him after considering his appeal against the NIA court’s conviction in the case Considering the prolonged detention and citing the potential for trial delays, the court suspended Nasar’s sentence and granted conditional bail, taking into account that some co-accused with similar allegations had already been released after serving shorter terms. The court noted that he had already spent nine years in jail and that delays in resolving appeals could justify suspending a convict’s prison term. It also observed that other accused in the case had received lesser sentences and had already been released after serving their terms. “The applicant has been undergoing incarceration, at the pre-conviction and post-conviction phases, for over 9 years. Furthermore, the fact that the accused facing the same allegations were earlier imposed a lesser term of imprisonment and have been released after having undergone the sentence is a factor that cannot be ignored. Additionally, the appeals filed by the NIA against the findings of the learned Sessions Judge are being considered in separate appeals, which have not yet been taken up. “There is also the likelihood of delay, as the prime accused has surrendered, and the learned Sessions Judge may have to take up the trial and dispose of it in accordance with the law and some of the original records may be required for that purpose. In view of these facts and circumstances, we are of the considered opinion that the sentence imposed on the applicant can be suspended pending the consideration of the appeal.” The court said The court, however, imposed strict conditions for Nasar’s bail. He is not supposed to provide a bond of Rs 1 lakh with two sureties, refrain from leaving the country without the court’s permission, avoid interfering with the trial or witnesses, and not commit similar offences while on bail The gruesome incident dates back to July 4, 2010, when Joseph, a professor at Newman College, Thodupuzha, was returning from Sunday mass with his family, members of the now-banned Popular Front of India (PFI) attacked him, allegedly in retaliation for a question paper he set, which contained a passage that they claimed insulted Prophet Mohammed was derogatory. His right hand was chopped off in this attack. Nasar was accused of playing a critical role in the attack. Investigations revealed his involvement in recruiting gang members, assigning specific tasks, collecting funds, procuring communication devices, and maintaining communication links with key conspirators.

The Kerala High Court, on Thursday, granted bail to M K Nasar, one of the individuals convicted by the special NIA court last year in the case of chopping the hands of Professor T J Joseph in 2010.