Supreme Court Questions Government's Authority on Diplomatic Packages

 

The Supreme Court of India raised significant questions regarding the central government's authority to search diplomatic packages during a hearing on an Enforcement Directorate (ED) petition. The bench, comprising Justices Hrishikesh Roy and Satish Chandra Sharma, is considering the transfer of the trial in the Kerala gold smuggling case from Kerala to Karnataka.

Background of the Case

The case revolves around the seizure of 30 kg of gold, valued at approximately Rs. 14.82 crore, which was smuggled into India disguised as a diplomatic consignment addressed to the UAE consulate in Thiruvananthapuram. The incident came to light on July 5, 2019, when customs officials intercepted the smuggled gold.

Court's Inquiry

During the proceedings, the Supreme Court inquired about the legal procedures governing the scanning of diplomatic packages and whether such packages enjoy immunity from searches. Justice Sharma specifically asked, "If the Government of India wants to scan a diplomatic package, what is the procedure? Can it be done? Whether there is immunity or not?"

Additional Solicitor General SV Raju, representing the ED, requested time to provide a detailed response. He noted that if a diplomatic package is utilized for criminal activities, it may not retain its status as diplomatic baggage.

Accusations Against Swapna Suresh

The case has seen the involvement of Swapna Suresh, the prime accused, who was previously employed at the UAE consulate. Following a complaint by MLA and former Minister KT Jaleel, the Thiruvananthapuram cantonment police registered a case against her in June 2022. She has been charged under Section 153 (wantonly giving provocation with intent to cause riot) and Section 120B (criminal conspiracy) of the Indian Penal Code.

Conclusion

The Supreme Court's inquiry into the government's authority to search diplomatic packages highlights the complexities surrounding diplomatic immunity and law enforcement. The ED's petition to transfer the trial underscores concerns about the influence of powerful individuals on the proceedings in Kerala. As the court awaits further clarification from the government, the outcome of this case could have significant implications for how diplomatic cargo is treated in legal contexts moving forward.