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CMDRF misappropriation: Kerala HC refuses to interfere with Lokayukta order

The complainant RS Sasikumar moved the High Court stating that the Lokayukta full bench had in 2019 found his complaint maintainable and had issued notice to the respondents.

Statesman News Service | Kochi | August 1, 2023 10:43 pm

CMDRF misappropriation: Kerala HC refuses to interfere with Lokayukta order

Kerala High Court [File Photo]

The Kerala High Court on Tuesday refused to intervene in the Lokayukta order referring the case against Chief Minister Pinarayi Vijayan and the former Ministers for alleged misuse of Chief Minister’s Disaster Relief Fund (CMDRF), to a full bench comprising the Lokayukta and both the Upa-Lok Ayuktas.

A  Division Bench comprising Chief Justice AJ Desai and Justice VG Arun dismissed the petition filed by RS Sasikumar, observing  that since a difference of opinion had arisen between the Lokayukta and Upa-Lok Ayukta, the only option would be  to refer the matter in order to decide the same by three members, whereby the decision of the majority would prevail.

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“In view of the above, we do not find any reason to interfere in this matter. The application is dismissed,” the court said.

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The complainant RS Sasikumar moved the High Court stating that the Lokayukta full bench had in 2019 found his complaint maintainable and had issued notice to the respondents. He also said the hearing of the case was held from 5 February 2022, to 18 March 2022, as the anti-corruption body found his complaint maintainable.

It has been pointed out that a full bench comprising Lokayukta Justice Pius C Kuriakose, and Upa-Lokayuktas Justices K P Balachandran and A K Basheer in January 2019 decided to admit the  complaint filed by R S Sasikumar. The bench decided that the complaint was maintainable before the Lokayukta and ordered notice to the respondents.

A former syndicate member of Kerala University RS Sasikumar has filed the complaint before the Lokayukta in 2018. Sasikumar  had alleged that chief minister Pinarayi Vijayan and other ministers  in his former  cabinet misused the CMDRF.

Sasikumar, in his complaint said the state Cabinet had illegally transferred funds from the Chief Minister’s Distress Relief Fund (CMDRF) to the families of NCP leader Uzhavur Vijayan, former Chengannur MLA K K Ramachandran Nair, and Praveen, the escort driver of the CPI-M state secretary, who died in an accident while on duty.

He also said that Uzhavur Vijayan’s family was given Rs 25 lakh and the kin of Praveen, driver of late CPI-M leader Kodiyeri Balakrishnan was granted Rs 20 lakh. He also said that Ramachandran Nair’s loan liability of Rs 9 lakh was also given from the Chief Minister’s Distress Relief Fund (CMDRF).

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The Kerala High Court, on Thursday, granted bail to M K Nasar, one of the individuals convicted by the special NIA court last year in the case of chopping the hands of Professor T J Joseph in 2010. A division bench comprising Justice Raja Vijayaraghavan and Justice P V Balakrishnan suspended Nasar’s sentence and granted conditional bail to him after considering his appeal against the NIA court’s conviction in the case Considering the prolonged detention and citing the potential for trial delays, the court suspended Nasar’s sentence and granted conditional bail, taking into account that some co-accused with similar allegations had already been released after serving shorter terms. The court noted that he had already spent nine years in jail and that delays in resolving appeals could justify suspending a convict’s prison term. It also observed that other accused in the case had received lesser sentences and had already been released after serving their terms. “The applicant has been undergoing incarceration, at the pre-conviction and post-conviction phases, for over 9 years. Furthermore, the fact that the accused facing the same allegations were earlier imposed a lesser term of imprisonment and have been released after having undergone the sentence is a factor that cannot be ignored. Additionally, the appeals filed by the NIA against the findings of the learned Sessions Judge are being considered in separate appeals, which have not yet been taken up. “There is also the likelihood of delay, as the prime accused has surrendered, and the learned Sessions Judge may have to take up the trial and dispose of it in accordance with the law and some of the original records may be required for that purpose. In view of these facts and circumstances, we are of the considered opinion that the sentence imposed on the applicant can be suspended pending the consideration of the appeal.” The court said The court, however, imposed strict conditions for Nasar’s bail. He is not supposed to provide a bond of Rs 1 lakh with two sureties, refrain from leaving the country without the court’s permission, avoid interfering with the trial or witnesses, and not commit similar offences while on bail The gruesome incident dates back to July 4, 2010, when Joseph, a professor at Newman College, Thodupuzha, was returning from Sunday mass with his family, members of the now-banned Popular Front of India (PFI) attacked him, allegedly in retaliation for a question paper he set, which contained a passage that they claimed insulted Prophet Mohammed was derogatory. His right hand was chopped off in this attack. Nasar was accused of playing a critical role in the attack. Investigations revealed his involvement in recruiting gang members, assigning specific tasks, collecting funds, procuring communication devices, and maintaining communication links with key conspirators.

The Kerala High Court, on Thursday, granted bail to M K Nasar, one of the individuals convicted by the special NIA court last year in the case of chopping the hands of Professor T J Joseph in 2010.