Kerala HC quashes order to file case against Oommen Chandy

Kerala high court on Thursday quashed the order of Thrissur vigilance court directing the vigilance and anti-corruption bureau to register a case against former chief minister Oommen Chandy and former minister Aryadan Muhammed in the solar scam bribe case based on Saritha Nair’s deposition before the Solar Judicial Commission.

Justice B. Kemal Pasha observed that mere matters of hearsay cannot be treated as a probable allegation on which a quick verification can be conducted. Mere revelations made by Saritha Nair before the commission, cannot be said to be a matter which can be acted upon in any manner. Otherwise, Saritha Nair ought to have approached the court with a request to take her grievance redressed by having a quick verification in the allegations made by her,” the court observed.

Court observed that the vigilance court had acted in haste. “Even when the complaint does not disclose anything to take even a quick verification in the matter, the court below ought not have forwarded the complaint under Section 156 (3) CrPC for an investigation. The state machinery has serious business to do. These are not the business which the state machinery can undertake. The complaint is not worthy to be accepted by a court or acted upon law.

Hence, the complaint as well as the order of the Vigilance court are liable to be quashed,” the court held.

Thrissur native P.D. Joseph approached the court based on the revelation by the Solar scam accused Saritha S. Nair before the Solar Commission. Saritha had deposed in the chief examination that she had handed over 1.9 crore to one Thomas Kuruvila, a close aide of Chandy, in New Delhi. he alleged bribe also was paid as directed by Jikkumon Jacob, the then Additional personal assistant of the petitioner, for facilitating the solar power project of the Team Solar, the company in which she was the Director.