Kochi:
The High Court here on Friday ordered the CBI to register an FIR and to initiate an investigation against the former Chief Principal Secretary of Kerala, Pinarai Vijayan accused the retired bureaucrat of reducing money inequality for his known sources.
Justice’s Babu ordered a retired IAS officer by the Central Bureau of Investigation (CBI), a retired IAS officer, who was earlier Additional Chief Secretary (Finance), a complainant-Kottayam-based activist Joman Puthenpurkel, a retired IAS officer against KM Abraham.
The High Court stated that on careful analysis of the initial investigation report, other materials placed before the IT and the defense installed by KM Abraham during the investigation, “Prima Feshi, it is established that there were unstable and immovable properties for their known sources in defendant number 3 (Abraham) for their known sources.
It has also been mentioned that the investigation by vigilance and anti-corruption bureau (VACB) in the case would “not instill confidence in public” and that the reliability of the inquiry by it was “suspicious”.
It was observed that while conducting the initial investigation, the VACB “deliberately excluded the acquisition of the property, with the intention of protecting it by the defendant NO.3 (Abraham).
The High Court said in its 74-position order, “Funny, the investigation report was investigated and verified by the director of Wake. A deliberate attempt was made to save defendant number 3 on behalf of the state vigilance.”
It further stated that for a fair, honest and complete investigation to maintain public confidence in the fair work of state agencies, the investigation is to be done by the CBI.
Ordering the CBI inquiry, the High Court also separated the order of 2017 order of the Investigation Commissioner-cum-Special Judge, Thiruvananthapuram, who dismissed the petitioner’s complaint against KM Abraham.
The High Court said that the order of the Special Judge was “perverted and completely unfair”.
It said that the Special Judge “in a casual and perfect manner, visually vigilantly and the Reported verification report submitted by the Anti-Corruption Bureau (VACB) accepted and came to the conclusion that no cognitive offenses were revealed under the prevention of the Corruption Act and had rejected the complaint on threshold.
The High Court said that the Special Judge should appreciate the content of the petitioner, which was acquired by KM Abraham in relation to various properties, which was kept out of consideration by the VACB investigating officer.
“The approach adopted by the Special Judge is not acceptable,” it said.
The High Court also stated that the non-inflammatory of the ingredients and the records of the records were clear on the face of the order under the challenge “clearly incorrectly”.
“The discovery of the Special Judge is unstable in the law, grossly incorrect and depending on any material. Therefore, the order imposed is responsible to set a separate set,” it said.
The High Court also criticized the VACB legal advisor, who verified the quick verification report and presented that the investigating officer systematically investigated.
The legal advisor also concluded that KM Abraham did not reject any money for its known sources of income during the check period.
The High Court said that the Legal Advisor/Public Prosecutor has not been appointed for “blind support” what the police or vigilance present before the court.
“The legal responsibility of a legal advisor is to maintain the law. He is independent of the executive. He is not subject to the orders of the high officials of the executive. He is not a servant of anyone. His legal responsibility is to bring the truth to the court.
Justice Babu said, “In the current case, I must say that the legal advisor has failed badly in his responsibility.”
The petitioner had alleged that KM Abraham had acquired an apartment of Rs 3 crore in Mumbai, which was another apartment of one crore rupees in Thakaud in Thiruvananthapuram and a three-mangila shopping complex was built in Kadappakra in Kolm district, which would cost for eight crores.
The allegations were rejected by KM Abraham.
(Except for the headline, the story has not been edited by NDTV employees and is published by a syndicated feed.)
