Kochi: It was Kerala chief minister’s former principal secretary M Sivasankar who had instructed Swapna Suresh, the main accused in the Trivandrum airport gold smuggling case, to sneak away to Bengaluru after the diplomatic parcel containing the gold was seized on July 5, co-accused Sandeep Nair has indicated in his statement given to investigating agencies.

After the Customs officials seized the gold, Swapna and I went into hiding. On July 6, Sivasankar called me while we were hiding in Kochi. Sivasankar asked me to hand over the phone to Swapna and talked to her for a long time, Sandeep's statement read.

It was after the phone call that Swapna told me that they should go to Bengaluru, he said. Swapna had told me all arrangements have been made for them in Bengaluru and that she would take her husband and children too along with her.

The details of how the accused reached Bengaluru from Thiruvananthapuram to avoid arrest have been provided in Sandeep's confidential statement made before the magistrate. These statements are kept in the NIA court in a sealed cover.

Swapna’s initial plan was to surrender before the court if her anticipatory bail application was rejected by the Kerala High Court. But, after talking to Sivasankar on the phone, she changed her decision and decided to go to Bengaluru, Sandeep revealed in his statement.

Swapna left the state when registration and pass were required for interstate travel due to the lockdown that was imposed in view of COVID. She, however, has so far not revealed that Sivasankar had called on Sandeep’s phone and spoken to her while she was in hiding.

To find Swapna’s statement was voluntary: Court

The Principal Sessions Court has said that the statement Swapna had given to the Enforcement Directorate on November 10 should be subjected to minute scrutiny.

“The court needs to examine whether Swapna had voluntarily given the relevant parts of the statement. It is not possible now. But this should be considered in further investigations and trial,” the court said. Swapna’s statement only says that Sivasankar knew about the gold smuggling activities. Nowhere is it said that he helped with gold smuggling, the court pointed out.

In its order dismissing Sivasankar's bail application, the court had said that his claim that he had called a senior Customs officer on Swapna's request was not found in the documents.

“The ED had argued that Sivasankar had confessed in his October 15 statement that he had called high-ranking Customs official on Swapna's prodding to get the seized diplomatic parcel with the smuggled gold released. However, the statement does not appear in the documents, including those submitted in sealed envelopes to the court,” it said.

“There is also no record to show that the Customs officer, whom Sivasankar is said to have called, has been questioned. According to Swapna’s statement, Sivasankar had called Customs and airport officials 3 or 4 times to get some items meant for her that had come from abroad released. But it doesn’t say she was talking about the baggage with the smuggled gold. This needs to be investigated in detail,” the court said in its order.

Indian officials to question UAE consulate’s former attache

Indian officials can now question Rashid Khamis Al Shameli, the former admin attache of the UAE Consulate in Thiruvananthapuram, in connection with the smuggling case.

Even if he is not handed over to India, nothing prevents Indian officials from questioning him in the UAE as his diplomatic protection has been revoked. The UAE has informed India that it will not protect officials accused of a crime which has brought shame to the country.

Investigation is also progressing against the Consul General of Thiruvananthapuram Jamal Hussain Al Zaabi.

Rashid Khamis Al Shameli lost his diplomatic protection recently after being found guilty of misconduct while occupying an official position. If he is found guilty of criminal offence, there will be proceedings against him as per the UAE law as well.

Meanwhile, steps to extradite Faisal Fareed, an accused in the gold smuggling case who has been arrested in the UAE, have not started as yet.