Today(on 3rd September),The Supreme Court questioned the Central government’s authority to scan diplomatic packages during a hearing on transferring the 2020 Kerala gold smuggling case. The petition, filed by the Enforcement Directorate, involves prime accused Swapna Suresh.
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NEW DELHI: Today(on 3rd September), the Supreme Court of India questioned the Central government about its legal authority to scan and search diplomatic packages that are generally protected by diplomatic immunity. The matter arose during the hearing of a petition filed by the Enforcement Directorate (ED), which seeks to transfer the ongoing trial in the 2020 Kerala gold smuggling case from Kerala to Karnataka. Swapna Suresh, a key figure in this scandal, stands as the prime accused.
Background of the Case
The Kerala gold smuggling case first captured national attention in July 2020 when authorities seized a significant amount of smuggled gold—30 kilograms—from a diplomatic cargo addressed to the Consulate General of the United Arab Emirates in Thiruvananthapuram. This incident triggered widespread investigations into money laundering, illegal financial activities, and the misuse of diplomatic channels.
During the hearing, a Bench comprising Justices Hrishikesh Roy and Satish Chandra Sharma sought clarity on the legal procedures surrounding the examination of diplomatic cargo.
The bench posed a critical question to the Enforcement Directorate, asking-
“If the Government of India wants to scan a diplomatic package, what is the procedure? Can it be done? Find out. Whether there is immunity or not?”
These questions underline the complexity of balancing national security interests with international diplomatic protocols.
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Additional Solicitor General (ASG) SV Raju, representing the Enforcement Directorate, responded to the court’s inquiries, stating that he would gather the necessary information and report back. He further remarked-
“Prima facie, if it is used for criminal activities, it can be examined and no longer qualifies as a diplomatic bag.”
This statement suggests that while diplomatic packages are generally protected, their immunity may be compromised if they are misused for illegal activities.
Following the initial seizure and subsequent investigations, multiple agencies, including the National Investigation Agency (NIA) and the Customs Department, became involved in unraveling the extent of the gold smuggling network. The NIA, after a thorough investigation, filed a charge-sheet against 20 individuals implicated in the case, including Sarith PS and Swapna Suresh. These individuals were charged under various provisions of the Unlawful Activities (Prevention) Act (UAPA), highlighting the severity of the offences.
The ongoing trial is currently being conducted by the Special PMLA (Prevention of Money Laundering Act) Court in Ernakulam. In December 2020, the prosecution submitted a supplementary complaint naming M Sivasankar, the former Principal Secretary to Kerala Chief Minister Pinarayi Vijayan, as the fourth accused. This development further complicated the case, leading the Enforcement Directorate to request the transfer of the trial out of Kerala.
The ED argued that following the involvement of M Sivasankar, the state apparatus turned hostile towards the central agency, thereby hindering the possibility of a fair trial. The agency expressed concerns about the alleged interference by high-ranking state government officials, which could compromise the integrity of the legal process in Kerala.
