Swapna Suresh Moves Kerala High Court To Quash FIR Alleging Conspiracy Behind Her Remarks Against Chief Minister

Swapna Suresh, the prime accused in the infamous gold smuggling case, has approached the Kerala High Court seeking to quash the FIR registered against her for allegedly spreading false information against MLA K.T Jaleel, Chief Minister Pinarayi Vijayan and the Government.

Swapna Suresh is the prime accused in the gold smuggling case which had snowballed into a political controversy in the State. They allegedly smuggled 30 kilograms of gold through diplomatic cargo dispatched to UAE Consulate at Thiruvananthapuram. They are currently on trial before the Ernakulam Special NIA Court. 

Meanwhile, last week, Suresh revealed to the press that several persons in the administrative higher-ups including the Chief Minister, his wife, his daughter, K.T Jaleel and many others were involved in several anti-social and anti-national activities involving the Consulate while adding that she had deposed the same before the Magistrate.

Thereafter, KT Jaleel had lodged a complaint alleging that Suresh conspired with some others after which she gave false statements before the Magistrate and spread false news to the media, thereby attempting to incite riots. As per this complaint, the police registered a crime against Suresh and she was booked under Sections 153 (provocation with intent to cause riot) and 120 B (criminal conspiracy) of IPC.

The petition moved through Advocate R. Krishna Raj alleged that the complaint lodged against her is false, malicious and unsustainable. Suresh contends that the media reports clearly show that the Chief Minister is hell bound to see that they are taken into custody to coerce them to withdraw the statement given under 164 Cr.P.C.

It is also averred in the petition that after the incident, another prime accused, PS Sarith, was kidnapped by four persons from his house using brutal force in which he sustained injuries. Subsequently, he came to know that they were police officers of the Palakkad unit of the Vigilance and Anti-Corruption Bureau.

The plea said that he was informed that he was being taken into custody for questioning in the case related to Life Mission, but all they asked him was regarding the force behind Swapna Suresh giving the 164 statement. He was released by noon after which he had to undergo treatment.

The petitioner has also raised grave allegations against the Chief Minister Pinarayi Vijayan stating that Vijayan had sent one Shaji Kiran to pressurize her to surrender that she gave the 164 statement at the instigation of her counsel, RSS and BJP. The said Shaji Kiran allegedly threatened her with dire consequences if she failed to do so, including that she will be implicated in several cases. 

As per the plea, Shaji Kiran also informed her that, although the case has been only against Suresh so far and though the offences registered against her were only Sections 153 and 120 B of IPC, more charges will be added and that Sarith will also be included as an accused in the same.

The plea adds that Shaji Kiran demanded her to record an audio/video stating that the statement given under Section 164 CrPC is false and she was compelled to do it. She has also added that she recorded some portion of this conversation with Shaji Kiran which was later released in media. 

The petition also contends that since Swapna Suresh has given a statement under Section 164 of CrPC, she comes under the ambit of the Witness Protection Scheme, adding that she has moved a separate application under the Scheme before the Session Court which is pending consideration. 

She has argued that since she has given a 164 statement that discloses offences committed by the complainant MLA, this was a clear case of an attempt to intimidate her, who is a witness as defined in the Witness Protection Scheme. Suresh added that the MLA and the Police were attempting to prevent her from disclosing facts about the MLA's involvement in the offences before the Judiciary.

The petitioner prayed that the Court's interference is absolutely necessary to secure the ends of justice as the malicious intention of the prosecution is clear from the facts as it is motivated and done with the intention to sabotage the process of law initiated by the petitioner under Section 164 of CrPC.

Case Title: Swapna Prabha Suresh v. Station House Officer & Anr.