Thiruvananthapuram: Kerala Congress (M) leader and former finance minister K.M. Mani suffered a setback with a vigilance special court here on Tuesday ordering further probe into the Rs 1-crore bar bribery case rejecting a Vigilance and Anti-Corruption Bureau report giving a clean chit to him.
It was the third further investigation report of the VACB in favour of Mr. Mani that was rejected by the Inquiry Commissioner and Special Court citing that there was enough prima facie evidence like pooling of funds by bar owners and mobile tower locations in support of the allegation that '1 crore was given as bribe to Mr Mani while he was finance minister in 2014 for facilitating opening of bars.
The court directed that the state government has to grant nod for a further probe as per the recent amendment in the Prevention of Corruption Act.
Sources said that the government could either order a further probe by the VACB or a probe by the court directly under CrPC 202. Mr. Mani may also approach the High Court against the vigilance court order. The vigilance court would consider the case again on December 10, before which the state government may decide on the matter.
The vigilance special court rejected the VACB report considering the objections filed by CPM leader V.S. Achuthanandan, LDF convenor A. Vijayaraghavan, bar owner Biju Ramesh, advocate Noble Mathew and six others.
The court cited that there was enough prima facie evidence in support of the allegation and hence there was scope for a further probe. The court also said that the VACB did not look into various crucial factors like the audio files of the conversations of bar owners given by bar owner Biju Ramesh, despite earlier instructions of the court. The VACB and vigilance prosecution were also reportedly accused by the court of trying to close the case in a hasty manner.
The VACB gave a clean chit to Mr Mani mainly on the ground that there was no evidence for demand and acceptance of bribe by him.
The vigilance report also said that there were contradictions in the mobile tower locations of the witnesses in the cases with their statements. The CD containing the audio conversation of bar owners, that was produced by Mr Biju Ramesh, was not considered as an evidence by the VACB on the basis of a legal opinion that it was tampered with. The bar bribery case originated in October 2014 with Mr Biju Ramesh, who was also the working president of Kerala Bar Hotel Owners' Association, alleging that Rs. 1 crore was given as bribe to Mr Mani by bar owners at his official resident in Cliff House compound in Thiruvananthapuram and his residence at Pala during March-April 2014.
Though vigilance SP R. Sukesan who initially probed the case prepared a report against Mr Mani, the then vigilance director Vinson M. Paul objected to it after seeking legal opinions. Hence, the VACB filed a report in the court in favour of Mr Mani. However, Mr V.S. Achuthanandan, Mr Biju Ramesh, the then LDF convenor Vaikom Viswan and several others filed objections and subsequently the court ordered further investigation. The High Court also upheld it.
Later, the VACB filed another report in January 2016 stating lack of evidence, especially the contradictions in mobile tower locations and the statements of the witnesses. But soon after the LDF came to power and posted Mr Jacob Thomas as vigilance director, the VACB reopened the case by filing an application in the court stating that there were some fresh pieces of evidence. However, in March 2018, the VACB filed a report giving a clean chit to Mr Mani again. This was also opposed by Mr. Achuthanandan and others.
