Gold Smuggling Case: Kerala Court Directs Jail Authorities To Provide Most Effective Protection To Swapna Suresh

A Kerala Court has directed the jail authorities to give most effective protection to Swapna Suresh, an accused in Gold smuggling case.

The Additional Chief Judicial Magistrate, Ernakulam, issued these directions in an application filed by Swapna, who claimed that during the time of judicial custody, some persons attached to Jail, claiming to be Prison and Police Officials visited and threatened her with dire consequences in the event of disclosing the name of high-profile persons involved in the smuggling activities. She submitted that she was threatened to the extent that they are capable to do away her even inside the prison.

ACJM Deepu C observed that there are 'absolutely no grounds to disbelieve her version' and that the allegation raised by her 'appears to be serious in nature that attract penal consequences apart from contempt of Court'.

"Needless to remind the Jail authorities that judicial custody means 'the accused is in the custody of magistrate or court concerned'. It is the upto the court that directed to keep accused in judicial custody, to ensure protection and safety of the accused. Jail authority should certainly act as per the specific provisions of Kerala Prisons Rules relating to under­trial prisoners and female prisoners.", the Court said.

Observing thus, the court issued the following directives:

1. Director General of Prisons & Correctional Services and Superintendent of Women's Prison and Correctional Home, Thiruvananthapuram, are directed to provide most effective protection to the petitioner/accused

2. They shall ensure that, petitioner/accused shall not be threatened or tortured in any manner either from internal or external sources directly or by electronic means.

The petitioner was represented by Adv. Sooraj T Elenjickal 

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