Kerala Government knocks at High Court to remove taint on Chief Minister

Kochi: A division bench of Kerala high court on Tuesday will consider the appeal filed by the state government seeking to expunge the remarks made against Chief Minister Oommen Chandy by a  single judge in the Salim Raj land grab case. The plea came up before a division bench comprising Justice K.M. Joseph and Justice A. Jayasankaran Nambiar on Monday and the bench posted the case to Tuesday for detailed hearing.

Advocate General K.P. Dandapani submitted that the government was  not opposing the CBI probe ordered by the single judge and was only challenging paragraph 70 of the judgment. “The observations made by the single judge in paragraph 70 warrant interference since they  have been made in breach of judicial discipline and propriety,” the  petition said.

According to the state, the observations on the Chief Minister and his office were totally uncalled for and  were unilaterally made by the single judge based on his personal philosophies and perceptions. And the observations were made without affording an opportunity of being heard to the CM. The remarks will cast serious aspersions on the CM and his reputation, the petition said.

Special government pleader Tom K. Thomas, who filed the plea for the state, argued that the apex court had observed that the judges cannot misuse their authority by intemperate comments, undignified banter or scathing criticism of counsel or witnesses.

The state contended that the single judge while pronouncing the judgement had gone into areas which were not pleaded or argued. There was no material on record to enter into findings on aspects which were detrimental to the very functioning of the chief minister’s office, it said.