Supreme Court Questions Diplomatic Baggage Immunity Amid Gold Smuggling Case

The Supreme Court of India asked whether diplomatic baggage can be scanned or if it enjoys immunity from search while addressing the gold smuggling case linked with the UAE Consulate. The Enforcement Directorate (ED) has sought to transfer the trial from Kerala to Karnataka, citing concerns over a fair trial.

The Supreme Court inquired on Tuesday whether diplomatic baggage can be subjected to scanning in India or if it is immune from such searches.

A bench including Justices Hrishikesh Roy and Satish Chandra Sharma posed the question to Additional Solicitor General S V Raju, representing the Enforcement Directorate, who requested time to provide a response.

"The question which arises for consideration is whether the 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 matter has been scheduled for a hearing after three weeks.

Raju stated he would seek further instructions on the issue before getting back to the court.

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

The Supreme Court was hearing a plea from the ED, seeking to transfer the trial of the gold smuggling case from Kerala to Karnataka, arguing that a "free and fair trial" is not feasible in Kerala.

The ED's plea alleges a strong connection between the accused and top officials of the Kerala government.

Key accused Swapna Suresh, a former employee of the UAE Consulate in Thiruvananthapuram, was taken into custody alongside another accused, Sandeep Nair, by the National Investigation Agency on July 11, 2020.

Separate investigations by the NIA, ED, and Customs into the racket followed the seizure of gold worth Rs 15 crore from diplomatic baggage at Thiruvananthapuram airport on July 5, 2020.

Several individuals, including M. Sivasankar, former principal secretary to Kerala Chief Minister Pinarayi Vijayan, and ex-UAE Consulate employee Sarith P. S were arrested.

(With inputs from agencies.)