Kerala High Court Expunges Special Court's Derogatory Remarks Against CM Pinarayi In Disproportionate Assets Case Against ADGP

The Kerala High Court on Friday (November 21) allowed the State's plea to expunge derogatory remarks made against government authorities and Chief Minister Pinarayi Vijayan by a Special Court.

The Special Court had said there is every probability of "executive intrusion" that led to favourable report against ADGP M.R. Ajith Kumar in a disproportionate assets case.

Justice A. Badharudeen today set aside the impugned observations. A detailed order is yet to be made available.

The proceedings against Ajithkumar were launched last year following corruption and hawala allegations levelled against him (currently serving as an Excise Commissioner) by former Nilambur MLA P.V. Anvar and on a private complaint lodged by one Neyyattinkara P. Nagaraj.

Though the Vigilance Enquiry report gave him a clean chit, the Special Court had also decided to proceed against the ADGP.

A challenge to this order was also allowed in part by the High Court today. Full copy of the judgment is however awaited.

The State had specifically prayed to set aside the order and to expunge the disparaging and adverse remarks/observations made in paragraphs 77 to 81, 91 to 97 and 106 to 110.

In these paragraphs, the Special Judge had remarked that the state machinery had not conducted the vigilance enquiry in accordance with the procedure established by law and was in violation of the precedents set by the Apex Court.

It also commented that the manner in which the enquiry was conduct was with an aim to disprove the allegations.

"The facts of the case suggest that there is an invisible penetration by someone into the enquiry that leads to the preparation of a report favourable to the suspected officer, who holds a high position in the police department. The enquiry report is a subservient report prepared for those who need reports like the present one...Furthermore, the enquiry was not conducted according to the procedure established by law. Even the Hon'ble Supreme Court judgment was violated. The enquiry officer attempted to collect evidence, only to find facts that would disprove the allegations, and the veracity of the allegations, rather than conducting an enquiry into whether the allegations would reveal the commission of a cognizable offence," the Special Judge had observed in the impugned order.

The Special Judge had also criticised the enquiry since an officer subordinate to the one under investigation was deputed as the enquiry officer:

"The question is how a subordinate officer can conduct a free and fair enquiry when the allegations have been raised against the superior, top-ranking official? Another question is whether the subordinate officer can take an independent decision in this matter?"

Case No: Crl.M.C. 8392/2025

Case Title: State of Kerala v. Neyyattinkara P. Nagaraj

Citation: 2025 LiveLaw (Ker) 766

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