Friday, Mar 29, 2024 | Last Update : 05:12 AM IST

  Kerala High Court relief to Oommen Chandy, judge gets pulled up

Kerala High Court relief to Oommen Chandy, judge gets pulled up

Published : Jan 30, 2016, 6:29 am IST
Updated : Jan 30, 2016, 6:29 am IST

Recommending action against the Thrissur vigilance court for his “Post Office” remark, the Kerala high court on Friday suspended for two months the controversial order directing the Vigilance and Anti

Kerala Chief Minister Oommen Chandy appears before Solar inquiry commission in Thiruvananthapuram. (Photo: PTI)
 Kerala Chief Minister Oommen Chandy appears before Solar inquiry commission in Thiruvananthapuram. (Photo: PTI)

Recommending action against the Thrissur vigilance court for his “Post Office” remark, the Kerala high court on Friday suspended for two months the controversial order directing the Vigilance and Anti-Corruption Bureau to register an FIR against Kerala chief minister Oommen Chandy and state power minister Arayadan Mohammed in the solar scam.

The single judge, while considering the CM and Mr A. Mohammed’s pleas, also observed that if the vigilance court order was allowed to stand, it would cause irreparable and untold consequences and hardship to the petitioners.

Justice P. Ubaid observed, “It appears that quite mechanically, without knowing the nature and extent of his powers under the law, the vigilance judge forwarded the complaint to the police for investigation simply saying that he is acting only as a ‘Post Office’.”

The court added, “If this is what the special judge has understood about his position and responsibility as a special judge exercising jurisdiction under the Prevention of Corruption Act, I think the high court will have to interfere on the administrative side.” The court said, “The special judge, who is acting on a complaint alleging bribery, is not expected to simply act as a post office.

Before forwarding the said complaint, the court must examine the complaint and check whether it contains material within the knowledge of the complainant to support the allegations, or any other acceptable material providing the source of information constituting the offence alleged.”

Stung by the strong observations, vigilance judge S.S. Vassan, who had ordered the filing of an FIR against Mr Chandy and Mr A. Mohammed, sought permission on Friday for voluntary retirement, about 16 months before his tenure ends. He is due to retire in May 2017.

The court also noted that the state was in a turbulent and disturbing sociopolitical situation owing to the different “revelations”. The subject matter of the current litigation also was based on one such “revelation” by a lady before the solar judicial commission.

Senior counsel S. Sreekumar, appearing for both Mr Oommen Chandy and Mr Arayadan Mohammed, vehemently opposed the vigilance court order and argued that petitioner P.D. Joseph’s plea was part of a political vendetta. He argued that the plea was based only on newspaper reports and therefore was unacceptable. There was nothing on record to prove the allegations by Saritha S. Nair, he said, adding that what Ms Nair said was only a deposition before the judicial commission and the same was pending before the commission.

The court also observed that newspaper reports could not be considered under the Evidence Act as evidence in a case. Shortly after hearing the verdict, a jubilant Mr Chandy said, “Truth will always prevail.” He reiterated that the charges against him were part of a “political conspiracy”.

Since yesterday, Kerala has been witnessing violent protests by the CPI(M)-led LDF Opposition and its youth organisations for the resignation of Mr Chandy. The CM, who cancelled all his programmes on Friday in the wake of state-wide protests against him, had confined himself to his official residence, Cliff House. Mr Chandy told reporters that he harboured no ill will towards anybody and was confident of coming out clean.

He said the conspiracy was by a section of the liquor lobby which was unhappy due to the closing down of several liquor bars and added in reply to a question that the government would initiate steps to find the source of the “conspiracy”.

Location: Japan, Kochi