KOCHI: The Vigilance and Anti-Corruption Bureau (VACB) did a volte-face in the battery case linked to former finance minister K.M. Mani by submitting an affidavit to close the case on Thursday. The vigilance made the submission for the closure when a petition filed by Benny Abraham, a co-accused challenging the case came for hearing. S. Ashok Kumar, DySP VACB Kottayam in his statement said vigilance has already taken steps to refer the case as a non-offence under the Prevention of Corruption Act. He also stated that permission had been sought with higher authorities as no offence is disclosed and to drop all further proceedings.
The statement mentioned it was wrong on the part of the VACB to register an FIR in a matter connected with legislative action. The VACB lacked jurisdiction to undertake any probe in connection to legality and propriety of a Legislative Act. The case pertained to the loss of '1.66 crore to the state exchequer following the decision by the then finance minister K.M. Mani to provide tax concessions to the Kottayam-based company for lead oxide, an industrial raw material. Vigilance included Mr Mani and owner of the company as accused in the case. The court observed that the VACB doe not have jurisdiction to investigate into the wisdom of the Legislative Assembly and probe vitiating elements or impropriety in a law passed by the Assembly.
The court while disposing petition stated that the DySP has now realised the serious mistake committed in registering the crime and the steps taken to refer the crime. The petitioner stated that he runs a small scale unit manufacturing and supplying lead powder, an industrial raw material to be supplied to battery manufacturers. The office of the Accountant General objected that the lead powder manufactured by the petitioner is lead oxide and taxable at 12.5 per cent. The finance minister has fixed 4 per cent tax rate for the product in the finance bill passed by the assembly in February 2015.
