Can Indian govt. scan diplomatic package? Supreme Court asks Centre in Kerala gold smuggling case

The Supreme Court on Tuesday asked the Central government whether it is legally entitled to scan and search diplomatic packages that enjoy diplomatic immunity [Directorate of Enforcement v Sarith PS & Ors]..A Bench of Justices Hrishikesh Roy and Satish Chandra Sharma was hearing a plea moved by the Enforcement Directorate (ED) to transfer the trial in the 2020 Kerala gold smuggling case in which one Swapna Suresh is a prime accused, from Kerala to Karnataka.The case was triggered following the seizure of 30 kilograms of smuggled gold from a diplomatic cargo marked to the United Arab Emirates' Consulate General Office in Thiruvananthapuram.Today, the top court orally asked the ED what the procedure for examining such cargo was."If the Government of India wants to scan a diplomatic package, what is the procedure? Can it be done? Find out. Whether there is immunity or not?" Justice Sharma said.Additional Solicitor General (ASG) SV Raju, who was appearing for ED, said he would find out and get back on the same."Prima facie it if is used for a crime then it can be ,and does not remain a diplomatic bag," the ASG said. .In July 2020, pursuant to investigations conducted by various agencies into money laundering, illegal financial transactions and massive gold smuggling through diplomatic channels, suspected offenders were arrested and interrogated in Kerala.The NIA filed a charge-sheet against 20 persons accused in the case, including including Sarith PS and Swapna Suresh, under various sections of the Unlawful Activities (Prevention) Act.The offences registered by the NIA and Customs are scheduled offences under the PMLA Act. The case is currently being tried by the Special PMLA Court Ernakulam where, in December 2020, a subsequent prosecution complaint was filed arraigning M Sivasankar, the former Principal Secretary to Kerala Chief Minister Pinarayi Vijayan, as the fourth accused.The ED later moved the Court to transfer the trial out of the State.The ED claimed that the State turned against the central agency in the matter after the involvement of M Sivasankar came to light.It contended that a free and fair trial is not possible in Kerala due to the alleged interference by some top State government officials.The Supreme Court had in October 2022 sought the response of the Kerala government.