Kochi: The Enforcement Directorate (ED) has received legal advice not to seek the permission for trial before filing a chargesheet against M Sivasankar, the former principal secretary to the chief minister, in the anti-money laundering case filed under the PMLA (Prevention of Money Laundering Act) as part of the gold smuggling racket.
The legal advice points out that as per the PMLA, it is not mandatory to seek the permission for trial of government officials and public servants while filing the chargesheet after investigations, as is required by the Prevention of Corruption Act (PC Act).
Sivasankar has approached the Economic Offences Court alleging that the ED had filed the chargesheet without seeking the permission from the government for trial in the case. The ED decided to seek legal advice in the matter after he sought to use the same line of argument in the High Court also.
When officials are caught committing corruption under the guise of due process, the PC Act stipulates that permission must be sought for a trial before the chargesheet is filed. However, the Prevention of Money Laundering Act does not specify this. The ED has decided to go ahead with the prosecution proceedings against M Sivasankar by pointing this out.
The ED has not yet obtained any evidence to impose the Prevention of Money Laundering Act against CM Raveendran, the additional private secretary of the chief minister.
The documents handed over by Raveendran regarding his properties are legally valid. There is no evidence in them of Raveendran having laundered money or amassed wealth in excess of his income. The investigation team is now preparing to conduct a detailed follow-up investigation and, if necessary, to question him again.
Consulate drivers questioned
The Customs Department has questioned two drivers at the UAE consulate in Thiruvananthapuram in connection with the case of smuggling dollars abroad. They were questioned regarding the alleged smuggling of $1.90 lakh by Khalid Ali Shoukri, the former head of the consulate's finance department, to Cairo via Muscat.
They were also asked about the people that prominent individuals and officials arriving at the Consulate from the UAE met and where they had gone.
The Customs Department will question the assistant protocol officer on Tuesday in connection with the case.
Swapna leaves hospital
Swapna Suresh, one of the main accused in the gold smuggling case who was admitted to the Medical College Hospital at Thiruvananthapuram due to ill health, was sent back to jail on Monday evening after 24 hours of observation.