Kochi: The Kerala High Court on Friday refused to stay the further investigation ordered against former finance minister K.M. Mani in the bar bribery case by the Thiruvananthapuram Vigilance Court. Prima facie no material was produced before the court to grant stay of further investigation, Justice P.D. Rajan observed. Counsel for Mr Mani argued that he was trapped in a fabricated case.
The court observed, “How can your own police register a false case against a minister of the state?” The submission by Mr Mani was not sufficient to grant an interim stay. Hence the petitioner was directed to approach the Vigilance Court and take his contention before it.
The court rapped the Vigilance and Crime Branch for their double standard in the case of Mr R. Sukesan, Vigilance SP and the investigating officer in the case.
The court was considering a plea filed by Mr Mani seeking to suspend the proceedings till the Crime Branch filed an inquiry report against Mr Sukesan.
Mr Mani also sought a directive to the Vigilance Court to accept the final report clearing him of all charges in the bribery case. Observing that there was no urgency in this matter, it posted the case to May 19 for further hearing. The court also asked the Crime Branch to file a detailed counter-affidavit.
During the course of arguments, the court asked ADGP Abdul Rasheed appearing for the Crime Branch about the details of the probe being conducted against Mr Sukesan. “There should be an order by the state or state police chief barring Sukesan from the investigating duties. It seems VACB does not want to lose the officer, but at the same time they want to take action too,” it said. The court also asked whether the probe against Mr Sukesan was a smokescreen created to hide the bar scam.
“If Mr Sukesan had acted against the minister, why he is yet to be suspended,” the court observed. To this the ADGP submitted that unless there was concrete evidence they cannot proceed against Mr Sukesan. The court then asked “That means no evidence?” The ADGP replied that at this stage they cannot divulge the details.
The court criticised the Crime Branch for opting for Thiruvananthapuram Forensic Science Laboratory for the scientific analysis of the call records of Mr Sukesan. The judge added that lab in Kerala was ineffective and that they should seek other labs in India. The further investigation report by VACB giving a clean chit to Mr Mani is pending before the special judge and it will consider it on April 16.
