High Court Criticizes SIT for Delay in Filing Charge Sheet in Sabarimala Gold theft Case
Kochi: The Kerala High Court criticized the SIT for failing to file a charge sheet in the Sabarimala gold theft case. The court asked how the accused are getting default bail. “This is a serious situation. It has been nearly 90 days since the accused were arrested. If a charge sheet is filed, the accused can be prevented from getting default bail. Otherwise, the public will develop doubts about the investigation,” the court remarked. The sharp criticism was made by Justice Badarudeen of the High Court’s single bench. The court was considering a petition filed by Pankaj Bhandari challenging his arrest. The court stated that arrest is necessary, but the reasons for arrest must be clearly stated as per the Supreme Court’s directions.
In the Sabarimala gold theft case, accused Murari Babu, a former Executive Officer of the Travancore Devaswom Board, was released by taking advantage of the failure to file the charge sheet. The first accused in the case, Unnikrishnan Potti, is also trying to secure his release by claiming the same benefit. In both cases registered by the SIT in connection with the gold smuggling, the Kollam Vigilance Court had granted default bail to Murari Babu.
Meanwhile, during searches conducted by the Enforcement Directorate (ED) at the homes of Murari and others, documents including bank account details and records of properties were recovered.
Delay in filing the charge sheet
The filing of the charge sheet in the Sabarimala gold theft case will be delayed. Only a few days ago did steps begin to send documents—including the Devaswom Board meeting minutes that mention “copper” instead of “gold plate”—for scientific examination. For this purpose, handwriting samples of the accused, including Padmakumar, were collected. Even after the final report is prepared, a charge sheet can be filed only after obtaining prosecution sanction from the government.
So far, the investigation and arrests in the gold smuggling case have been swift. However, the investigation team faces several hurdles in preparing the charge sheet. Since the arrests were based on statements and certain documents, the results of scientific examinations are essential. A key document identified by the SIT is the Devaswom Board meeting minutes in which “copper” was written instead of “gold plate.” This addition was written in Padmakumar’s handwriting. Such matters can be denied by the accused during trial, which is why scientific verification is necessary. The signatures of the other accused must also be confirmed through scientific examination. Steps for this began only a few days ago. More precise forensic reports are also needed to determine whether the plates were replaced.
In cases under the Prevention of Corruption Act, a charge sheet can be filed only after obtaining prosecution sanction. For Devaswom Board members including Padmakumar, the government must grant the sanction, while for employees, the Board must do so. Sanction cannot be sought without preparing the final report, and this process too will take several days.