BREAKING | Kerala High Court Dismisses Saritha Nair's Plea Seeking Copies Of Swapna Suresh's 164 Statement

The Kerala High Court on Thursday dismissed the plea moved by Saritha S. Nair, the prime accused in the infamous solar panel scam seeking a direction to provide her with copies of the Section 164 statement given by Swapna Suresh, an accused in the diplomatic gold smuggling case.

Justice Kauser Edappagath dismissed the petition finding that the apprehensions projected by Nair were not substantiated sufficiently and therefore 'speculative'. 

"The petitioner could not show any factual basis for the said apprehensions. The petitioner could not say how did she come to know that there were imputations against her in the statement. She could not show any real or substantial interest in the document. The interest projected is speculative and conjectural. That apart, further investigation is still going on. The supplementary complaint is yet to be filed. Therefore, the petitioner is not entitled to get the copies of the statement sought."

During the hearing of the case, Advocate B.A. Aloor appearing for the petitioner had submitted that the statement given by Swapna was a public document and, therefore, the petitioner was entitled to get a copy of it.

It was further submitted that the petitioner has approached the Court, apprehending that certain allegations may have been brought on record against her in the statement given by Suresh. As such, the petitioner has prayed that the court allow her plea, directing the production of certified copies of the said document to her, failing which she would sustain an irreparable injury, hardship, as well as physical and mental agony.

Advocate K.K. Dheerendrakrishnan was also appointed as the amicus curiae in the case to decide the legal question of whether a statement recorded under Section 164 of the CrPC is a public document. He submitted that the statement under Section 164 gets the status of a public document only after cognizance is taken by the court. It was further argued that only a person who can show that he has a substantial interest in the public document is entitled to a copy of the same.

Advocate Jaishankar V.Nair appearing for the Enforcement Directorate submitted that the further investigation is in progress and as such, the statement recorded under Section 164 of CrPC must be kept confidential till a supplementary complaint is filed. He further submitted that the petitioner being a stranger to the proceeding is not entitled to the copy at all.

Saritha Nair is accused of having duped several influential people to the tune of 70 lakhs, by offering to make them business partners or by offering to install solar power units for them, and receiving advance payments for the same. Swapna Suresh is accused of smuggling 30 kilograms of gold through diplomatic cargo dispatched to UAE Consulate at Thiruvananthapuram.

The petitioner had initially moved the Principal District and Sessions Court of Ernakulam with the same request, but this was denied.

Case Title: Saritha S. Nair v. Union of India 

Citation: 2022 LiveLaw (Ker) 421

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