After the Kerala Lokayukta referred the case pertaining to the alleged misuse of the Chief Minister’s Distress Relief Fund (CMDRF) to a three-member full bench, RS Sasi Kumar, the petitioner in the case has said he will move the High Court pointing out the ambiguity in the anti-corruption body’s order
In the order of the Lokayukta, it has been stated that the decision to constitute a three-member bench was taken, as the Lokayukta and the Upa Lokayukta had a difference of opinion.
The Division Bench of Lokayukta comprising Lokayukta Cyriac Joseph and Upa lokayukta Harun-ul-Rashid differed on whether the Cabinet’s decision to allocate money from the Chief Minister’s Relief Fund (CMDRF)can be reviewed under the Lokayukta Act.
The Bench comprising Lokayukta Cyriac Joseph and Upalok Ayukta Harun-Ul-Rashid ruled that “as there is difference of opinion between us on the basic issue whether the action of respondents 2 to 18 in taking the impugned decisions as members of the Cabinet can be subjected to investigation under the provisions of the Kerala Lok Ayukta Act, 1999 and on the merits of the allegations raised by the complainant, we are constrained to place this complaint for investigation by the Lok Ayukta and both the Upa Lok Ayuktas together as required under Section 7(1) of the Kerala Lok Ayukta Act, 1999,” the order said.
However,the Lokayukta order does not specify the details of the difference of opinion ,who differed on whom, what are the different positions of the judges in the bench
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.
The bench was constituted after there was a difference of opinion among the Lokayukta and one of the Upa-lokayuktas regarding the jurisdiction of the agency to probe disbursement of assistance from CMDRF
The complainant RS Sasikumar on Saturday said he will move the High court by raising these issues. He said the Lokayukta 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.
He also said the decision to move the High Court was taken after discussion with legal experts. It is argued that the complainant has a right to know about the different positions of the Lokayukta and upalokayukta in the case
Meanwhile,the Opposition has come out against the Lokayukta decision to transfer the CMDRF case to a wider bench saying that the ruling LDF has struck a big deal to scuttle the case.
KPCC president K Sudhakaran said that the accusation about a big deal has turned out to be true. With the verdict, the funeral of the only independent institution formed to fight corruption has been held.
Calling the order strange, Opposition leader VD Satheesan said: “The verdict came a year after the completion of the hearing in the case. That too after the complainant approached the High court. If the complainant had not approached the High Court, this would have become a verdict that would never have come out. I would say that this is actually a judgment obtained by intimidating the Lokayukta.”
RSP state general secretary Shibu Baby John said: “The Lokayukta’s claim, after sitting on the issue for one year and twelve days, that they could not arrive at a consensus is weird.”
CPI-M state secretary M V Govindan said: “Now the opposition says judges were intimidated and threatened. It is a baseless allegation.” The hearing of the case was held from 5 February 2022, to 18 March 2022.
As per the rules, the verdict should be given within 30 days after the completion of the hearing. However, the verdict was indefinitely delayed following which the petitioner approached the High Court, which directed him to approach the Lokayukta. It was after this ruling of the High Court , that the Lokayukta decided to pronounce its verdict on Friday.