Can diplomatic packages be checked, asks Supreme Court while hearing Kerala gold smuggling case

New Delhi: The Supreme Court on Tuesday sought to know from the Centre whether diplomatic baggage can be subjected to scanning in India or they enjoy immunity from search.

A bench of Justices Hrishikesh Roy and Satish Chandra Sharma posed the query to Additional Solicitor General S V Raju, appearing for the Enforcement Directorate, who sought time to respond to the issue.

"The question which arises for consideration is whether Indian government can scan a diplomatic package. Can it be done? Whether there is immunity or not? What is the procedure?" the bench asked the ASG while posting the matter for hearing after three weeks.

Raju said he would seek instructions on the issue and get back to the court.

"Prima facie, it if is used for a crime then it can be and does not remain a diplomatic baggage," the ASG said.

The top court was hearing a plea filed by the Enforcement Directorate seeking transfer of the trial in the gold smuggling case from Kerala to Karnataka claiming that a "free and fair trial" of the case is not possible in the state.

The ED has alleged in its plea that there is a close nexus between the accused and top officials and functionaries of the Kerala government.

A key accused in the case, Swapna Suresh, a former employee of the UAE Consulate in Thiruvananthapuram, was taken into custody by the National Investigation Agency (NIA) along with another accused Sandeep Nair from Bengaluru on July 11, 2020.

The NIA, Enforcement Directorate (ED), and Customs conducted separate investigations into the racket that was busted with the seizure of gold worth Rs 15 crore from the diplomatic baggage of the UAE Consulate at Thiruvananthapuram airport on July 5, 2020.

Several people, including M Sivasankar, a former principal secretary to Kerala Chief Minister Pinarayi Vijayan, and another ex-employee of the UAE Consulate Sarith P S were arrested in connection with the case.