8 December 2022

New Delhi: Pressing for transfer of trial outside Kerala in a money laundering case pertaining to the smuggling of gold, the Enforcement Directorate has told the Supreme Court that free and fair proceedings are not possible there as multiple attempts were made by the state machinery to tam per and obstruct the investigations.

In a rejoinder affidavit filed by the agency in the apex court, ED said that transfer of trial is needed as high profile persons including the former Principal Secretary of Chief Minister are involved and they are trying to influence the accused and witnesses.

Fair trial in gold smuggling case
Fair trial in gold smuggling case

” Transfer of trial is necessary for the following reasons: ( a ) Sabotaging the In vestigation will take place which vitiates fairness in trial Fairness is ( b ) wiped out as there is a misuse of state machinery against the Investigation Agency and its Officers ( c ) Interference of state machinery was arbitrary and unfair when a one-man Judicial Commission was appointed ( d ) Influence by the high profile accused will whittle down fairness in trial ( e ) False and frivolous statements and Complaints by the accused against the Investigation Officer vitiate the rule of fairness ( f ) To safeguard law and to assure a fair trial, ” the affidavit said.

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