Powerful persons in the Kerala government are misusing their power to thwart and derail proceedings in the gold smuggling case, the Enforcement Directorate (ED) told the Supreme Court in an affidavit filed on Thursday ahead of next week’s hearing on the agency’s plea seeking transfer of trial from Kerala to Karnataka.

“The very fact that the state government constituted a commission of inquiry into an investigation conducted by a central investigation agency demonstrates that powerful persons involved in the case who are holding high offices in the government of Kerala are willing to misuse the state machinery and powers in order to thwart and derail proceedings in the case,” ED said in its affidavit, reubutting criticism that its request for transfer of the case is “politically motivated”.

Kerala’s Pinarayi Vijayan government constituted the one-man judicial commission in May 2021 and a petition is pending in Kerala high court questioning its constitution.

ED also cited accused Swapna Prabha Suresh’s testimony in June in which she accused several ruling Kerala politicians of involvement in the gold/currency smuggling scam through the UAE consulate, and rebutted that she was forced by ED to make the statement.

“The very fact that the statement was given under Section 164 CrPC confirms that the statement was free and voluntary before an independent judicial forum. There is no basis on which it can be said that proceedings are politically motivated.”