Kerala HC stays FIR against CM, Home Minister and 10 others by Thiruvanathanpuram Vigilance Court

Kochi: Kerala High Court on Monday stayed for three weeks the Thiruvanathanpuram Vigilance Court order, directing the Vigilance and Anti-Corruption Bureau to register an FIR against Chief Minister Oommen Chandy, Home Minister Ramesh Chennithala, PWD Minister V K Ebrahim Kunju and nine others, allegedly involved in the Titanium graft case.

Justice Abraham Mathew was considering a petition filed by former Industry Principal Secretary T Balakrishnan, the fourth to be arraigned in the case, contesting the Vigilance court direction.

The case pertains to the alleged loss of Rs 200 crore in connection with installing a wastewater treatment plant at Travancore Titanium Products Limited. The petitioner argued that the Special Judge, without considering various apex court orders, forwarded the complaint to the VACB to register a crime and investigate the matter.

Mr S Rajeev, appearing for the petitioner, argued that the procedure adopted by the Vigilance Special Judge was unheard of.

The petitioner contended that the court passed the order without giving an opportunity to hear the parties in the case and that the court concluded that the sanction under section 19 was not required to prosecute the accused since they had already stopped holding the office, “which is arbitrary”. He argued that sanction under section 197 Cr PC is mandatory.

The Vigilance court had rejected the VACB probe report, which exonerated Chandy and others of any role in the alleged corruption. The court had asked the investigating agency to submit the report within four months.