ED gets permission to probe Sabarimala gold theft, assets likely to be attached; Bhandari and Govardhan arrested

THIRUVANANTHAPURAM: The investigation into the Sabarimala gold theft case is expected to take a new turn with the Enforcement Directorate (ED) stepping into investigate the alleged money laundering linked to the gold theft. The Kollam Vigilance Court on Friday allowed the ED’s request to obtain copies of FIRs, remand reports, statements of arrested persons and others, and documents seized in the case. The order was passed by Vigilance Court Judge C.S. Mohith.

The case gained further momentum with the Special Investigation Team (SIT) arresting Pankaj Bhandari, CEO of Chennai-based Smart Creations, who separated the gold taken from the sanctum sanctorum, and Govardhan, owner of Rodham Jewellery in Ballari, who allegedly purchased the stolen gold. Their arrest is expected to strengthen the ED’s probe into how the proceeds from the sale of the stolen gold were distributed and used. The investigation may also extend to political leaders.

Both Pankaj Bhandari and Govardhan were summoned for questioning to the Crime Branch office at Eanchakkal and were arrested around 4 pm. The SIT has found that they were involved in planning the theft and executing it in a well-organised manner. With the case now having inter-state links, the Central Bureau of Investigation (CBI) may also step in.

All those arrested by the SIT are likely to be arrested again by the ED in its own case. Under ED provisions, bail can be denied for up to six months. The probe may extend to the properties, income, black money transactions, and benami dealings of the accused, suspects, and even their family members. Assets can be attached, and even political leaders under suspicion can be summoned for questioning. Statements recorded by the ED can be used as evidence in court. The SIT has so far failed to reach those above N Vasu and A Padmakumar in the alleged chain.

It is also common practice for the ED to strengthen cases by turning one of the accused into an approver. This is legally valid. If one accused confesses to all transactions and becomes a witness, the case could become stronger, making it possible to act even against senior figures who may not have been directly involved but provided support.

With the Assembly elections approaching, the entry of the ED, which is often criticised as a tool of the central government to target political opponents, is expected to put the state government and the ruling party under heavy pressure.

Powers of the ED

1. If it obtains information about black money, the ED can conduct searches anywhere, check lockers, and seize documents.
2. ED actions cannot be challenged in civil courts; only special courts have jurisdiction.
3. In some cases, once a charge sheet is filed, the burden of proving innocence lies on the accused.

High Court criticises SIT
The Kerala High Court also criticised the Special Investigation Team for serious lapses in the Sabarimala gold theft case. While former Travancore Devaswom Board president A Padmakumar was arrested, the investigation did not extend to former board members KP Shankardas and N Vijayakumar. Justice A Badharudeen said there appeared to be discrimination in deciding who was added as an accused, raising doubts about the credibility of the investigation.