Swapna Suresh, an accused in the case relating to smuggling of gold through the diplomatic channel, on Monday approached the Kerala High Court seeking to quash the criminal case registered against her based on a complaint by former minister and MLA K.T. Jaleel.
The complaint is that she had conspired with some others and given a false statement before the Magistrate Court under Section 164 of the Criminal Procedure Code (CrPC) in a case pending before the Principal District Sessions Court, Ernakulam, and spread false news to the media, thereby tarnishing the image of the Chief Minister, the State government and Mr. Jaleel. Therefore, she had committed offence under Sections 153 (Wantonly giving provocation with intent to cause riot) and 120 B (conspiracy) of the Indian Penal Code (IPC).
She contended that the revelation of some of the contents of her statement in public was not an illegal act. Once the affidavit formed part of the record of the Sessions Court case, it was a public document and therefore, there was absolutely no secrecy in the contents of the affidavit. Therefore, she had not done any illegal acts, and Section 153 could not be invoked at all.
This was a clear case of an attempt to intimidate, harass and coerce her to withdraw the statement given before the Magistrate Court. Moreover, interacting with the media and sharing some information contained in her statement would not qualify to be a provocation with the intent to cause a riot, she contended.
Meanwhile, Shaj Kiran, who allegedly acted as an interlocutor and asked Swapna to withdraw her statement, also filed an anticipatory bail petition fearing arrest in “an unknown case” registered by the Cantonment Police in Thiruvananthapuram.
He said he was entrapped as part of a larger conspiracy by some persons by publishing the audio clip of a friendly conversation between him and Swapna. He had in fact lodged a petition before the State Police Chief seeking an investigation into the larger conspiracy against the State government.
