Kochi: Sunny Mathew who moved to Kerala High Court against the Thiruvananthapuram Vigilance Court’s order for further investigation into the bar bribery case on Tuesday withdrew his petition.
The plea was withdrawn after the court made a specific query on the maintainence of the revision petition filed by the petitioner. The court,later ‘dismissed the petition as withdrawn’.
The petitioner sought to set aside the order of Thiruvananthapuram Vigilance Special Court directing Vigilance and Anti-Corruption Bureau to further investigate the bar bribe case against former finance minister K.M. Mani in which he is alleged to have received money from bar owners.
Justice B. Kemal Pasha issued the order and directed the registry to send back the case records to Viglance Special court immediately. When the case came up for hearing, the court pointed out that the petitioner was heard during the hearing of a petition filed by Vigilance department in the similar matter. If the petitioner proceeds with the current petition, the court has to enter into findings on others things and the petitioner can’t run away that time.
The court also asked the petitioner as how the revision petitioner can escape from the clutches of the principles of ‘res judicata’ (a matter that has been adjudicatedby a competent court and therefore may not be pursued further by the petitioners). Then the revision petitioner sought permission to withdraw the case and the court granted the permission.
The court orally observed that if the petitioner did not withdrew the petition, exemplary cost would be imposed.
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