Kochi: The Chief Minister’s legal adviser Senior Counsel M.K Damodaran on Monday appeared for controversial businessman Santiago Martin in the lottery case before the Kerala High Court. The Senior Counsel appeared in a petition filed by the businessman challenging the proceedings initiated by the Directorate of Enforcement to attach his properties.
Interestingly, an appeal filed by the state seeking to quash the decision of the Ernakulam Chief Judicial Magistrate Court accepting the closure report filed of the CBI in the controversial lottery case against Martin is pending before another bench. The State filed the petition after the Pinarayi Vijayan government assumed charge.
Santiago Martin filed the petition seeking to quash the proceedings initiated to attach his properties under the Prevention of Money laundering Act. When the case came up for hearing, Justice P B Suresh Kumar asked the Registry to make CBI a party in the case. Santiago Martin argued that a proceeding for offence of money laundering must be initiated as a result of criminal activity relating to a scheduled offence.
The activity under Lotteries (Regulations) Act was not a criminal activity, he contended. The state of Sikkim is organising, conducting and promoting its lotteries and the petitioner is a validly appointed agent discharging contractual obligations. Such an activity is not prohibited in law and is not a criminal activity. He argued that the Directorate of Enforcement had no jurisdiction to initiate proceedings under the Prevention of Money laundering Act. The State of Sikkim alone was the competent person to allege deceit and cheating, he argued. As many as 32 FIRs were registered against Martin alleging that the lotteries sold were fake and counterfeit.
