[Life Mission case] Sivasankar has influence over ruling CPI(M), CM Pinarayi Vijayan: Kerala High Court order declining bail

The Kerala High Court on Thursday, while refusing to grant bail to M Sivsanakar who was arrested by the Enforcement Directorate (ED) in connection with the LIFE Mission Case, noted that the former Principal Secretary to Chief Minister Pinarayi Vijayan, continues to hold influence over the State government and the State Chief Minister Pinarayi Vijayan [M Sivasankar v Union of India]. .Justice A Badharudeen noted that even though Sivasankar may not be a flight risk, he has the power to tamper with evidence and/or influence witnesses, especially since he has a close relationship with the Chief Minister."His propensity to tamper with the evidence and to influence witnesses could be foreseeable, since the petitioner is a person having very much influence in the ruling party of Kerala, particularly with the Chief Minister of Kerala," the Court said in its order.The Court also noted that after Sivasankar was previously granted bail in the 2020 gold smuggling case, he was quickly reinstated to his previous post. The Court took this too to be an indication of the power he wields in the State."It is apposite to refer that even after his initial arrest and subsequent release on bail, the petitioner was reinstated in service w.e.f 6.1.2022 and he continued the same till his retirement holding pivotal post in the State of Kerala, ignoring his involvement in serious crimes. That is to say, his involvement in serious crimes prior to this crime, in no way affected his official stature because of his authority in the State Government," the order stated..As far as releasing Sivasankar by relaxing the twin conditions under Section 45(1) of the PML Act with reference to its proviso treating him as a sick person, the Court noted that Sivasankar had not been cooperating with the treatment offered.In its order, the Court also expressed its concern at the fact that many of the accused, including Swapna Suresh who is also accused in the gold smuggling case, are yet to be arrested."In this matter, the investigation is at the initial stage. Many accused are yet to be arrested including Smt.Swapna Prabha Suresh. Why the prosecution is delaying the arrest of Swapna Prabha Suresh is also a matter of serious concern, though she had an active role in the present crime. For the above reasons, the petitioner cannot be released on bail at this stage and this application is liable to be dismissed," the order stated..The LIFE (Livelihood, Inclusion and Financial Empowerment) Mission is a housing security scheme of the Kerala government which intends to provide houses to all the landless and homeless residents of the State.The case involves one specific project under this scheme which is alleged to have been funded by a foreign entity in violation of the Foreign Contribution Regulation Act (FCRA).The ECIR (Enforcement Case Information Report) against Sivasankar says that several persons, among whom are some government officials including him, received pecuniary advantages and illegal gratification out of the funds received from UAE Red Crescent meant for flood victims in Kerala through the LIFE Mission project.The predicate offences, as stated in the arrest order, are an FIR registered by the Vigilance and Anti Corruption Bureau (VACB) under the Prevention of Corruption Act and another FIR registered by the Central Bureau of Investigation (CBI) for offences under the FCRA..After hearing the matter extensively over the past month, the High Court delivered the veridct denying Sivasankar bail earlier today. Read more about the case and the verdict here..[Read Order]