Kerala High Court Quashes Special Judge's Order To Proceed Against ADGP Ajithkumar In DA Case, Relegates It To Pre-Cognizance Stage

The Kerala High Court on Friday (November 21) set aside the order of the the Enquiry Commissioner & Special Judge, Thiruvananthapuram that had decided to proceed against Additional Director General of Police (ADGP) M.R. Ajith Kumar in an alleged disproportionate assets case. 

The ADGP, currently holding the post of Excise Commissioner, had approached the High Court challenging the order of the Special Judge rejecting the clean chit given to him after Vigilance Enquiry.

The proceedings were launched last year following corruption and hawala allegations levelled against the ADGP by former Nilambur MLA P.V. Anvar and on a private complaint lodged by one Neyyattinkara P. Nagaraj.

Partially allowing Ajithkumar's plea, Justice A. Badharudeen refused to quash the private complaint preferred by Nagaraj and relegated the complaint to pre-cognizance stage. This means the Special Judge can proceed further on the complaint after getting sanction. 

The Court had earlier stayed the proceedings before the Special Judge since it felt that there were procedural irregularities in the manner in which cognizance was taken in the case. It had opined that the order of the Special Judge seemed prima facie illegal.

The Court had also remarked that there was 'mockery' in the investigation since an officer below the rank of the ADGP had looked into the case.

During the course of the proceedings, the Court had allowed former MLA P.V. Anvar to be impleaded as additional 3rd respondent in the plea. Anvar had raised a contention that the present case originated solely from his own complaint to the Chief Minister, Kerala during his tenure as MLA. He alleged large scale corruption, fraud, embezzlement and anti-national activities by Ajithkumar in collusion with certain officials and non-officials.

The State had also made a challenge in the connected case regarding the disapproving remarks made by the Special Judge against Chief Minister Pinarayi Vijayan and other state authorities. The State's plea was allowed by the Court today.

Case No: Crl.MC 7741/2025 and connected cases

Case Title: M.R. Ajithkumar v. State of Kerala and connected cases

Citation: 2025 LiveLaw (Ker) 766 

Click to Read/Download Judgment