Kerala HC Quashes Vigilance Court Order Against Kerala ADGP
The High Court removed all remarks made against Chief Minister Pinarayi Vijayan in the Vigilance Court’s order
THIRUVANANTHAPURAM: The Kerala High Court on Friday overturned the Vigilance Special Court’s order for an inquiry against Kerala ADGP M. R. Ajith Kumar in a disproportionate assets case.
Justice A. Badharudeen pointed out a procedural flaw, saying the Special Judge should have asked the complainant to submit a statement under the relevant sections of the Prevention of Corruption Act, and that government sanction is needed to proceed.
The court also ruled that the Vigilance Special Court lacked authority to assess the legality of reports from the high-level police team and the Vigilance and Anti-Corruption Bureau. Petitioners can return to court if the government grants permission to prosecute.
The court dismissed Ajith Kumar’s request to quash the complaint, stating that the complainant could apply to the competent authority to present it before the Special Court. Complainant Neyyattinkara P. Nagaraj said he would approach the Kerala Chief Secretary to seek sanction for prosecution.
In August 2025, Enquiry Commissioner and Special Judge Manoj A ruled that the complainant had the legal right to file allegations under the Prevention of Corruption Act against Ajith Kumar. The court also noted that a private complaint against a public servant under the PCA, even without prior sanction, could be maintained before the Special Judge.
The Vigilance Court rejected the VACB’s inquiry report, finding sufficient material to proceed. Ajith Kumar contested this, arguing that legal precedent makes sanction a prerequisite for proceeding against a public servant at any stage.
He claimed that the Vigilance Court acted without properly reviewing the VACB’s report, arguing that the case was based solely on broad allegations made by MLA P. V. Anvar through the media, without any solid evidence. The initial investigation stemmed from the MLA’s complaint, in which he accused the ADGP of amassing illegal wealth, gaining financial benefits by meddling in the gold smuggling case, building an unauthorized luxury home in Kawdiar, and engaging in financial irregularities. The Vigilance report, later dismissed by the lower court, had found no involvement of Ajith Kumar in any of the accusations made by Anvar.
Ajith Kumar is currently the Kerala Excise Commissioner.
The High Court removed all remarks made against Chief Minister Pinarayi Vijayan in the Vigilance Court’s order.
Kerala High Court removed derogatory remarks made against Chief Minister Pinarayi Vijayan by a Special Vigilance Court in its order related to the disproportionate assets case involving ADGP M R Ajith Kumar.
Justice A Badharudeen set aside the special court’s comments while hearing a plea from the state government. Earlier, the Vigilance Court had questioned how the Chief Minister could approve a clean chit report that was allegedly illegal, what his exact role was in the report, and whether administrative intervention is allowed in a vigilance inquiry.
