Click the Play button to listen to article

The Kerala High Court on Friday (September 11) expressed its displeasure in the manner of handling of prosecution sanction in the Microfinance Fraud case, in which SNDP Yogam officers, including Vellappally Natesan, and former Managing Directors of Kerala State Backward Classes Development Corporation Ltd. (KSBCDC) are accused.

Justice A. Badharudeen was informed by the Additional Chief Secretary of the Backward Classes Development Department, who appeared in person as per Court's direction, that she did not receive the files related to the case till yesterday.

The special public prosecutor for Vigilance submitted that there was a communication gap and the files could only be placed before the Addl. Chief Secretary late yesterday evening. A copy of the letter addressed to the officer was handed over to her today in open court informing that the files are now transferred to her officer for consideration. The special prosecutor also assured that action would be taken within a week.

The development comes in two pleas registered in 2020 seeking appointment of a Special Investigation Team headed by an efficient officer to investigate into the crime registered by the Vigilance and Anti-Corruption Bureau (VACB) relating to the SNDP micro finance fraud case.

The Court today observed that a positive move to place the file before the officer was done only yesterday after ordering personal appearance, when the direction to consider sanction passed last month was not complied. It noted displeasure at the attitude and directed action within a week, failing which the officer is to appear again in person before Court:

"The attitude is noted with extreme displeasure and the same would stand against administration of justice in accordance with law...Post for production of the order on 18.09. (Friday). If the order is failed to be produced, the Chief Secretary to appear in person on that day."

Justice Badharudeen orally added to the officer:

"Today, you are not at fault. I am not saying anything against you...Do it as directed now...You must ensure that there must be an action on the same before next Friday. If you are not passing any order, you must come and appear in person. Otherwise, produce the order through public prosecutor. You may not come and say that I did not receive the file. Because I have given the copy addressed to you and now it is your responsibility to take the file and do the same...You may take decision, that is you discretion. You don't say that court directed...something something. That is also a wrong way. This court directed to consider the question and to pass orders in accordance with law."

The Court also orally criticised the State for delaying the prosecution in certain cases while proceeding against certain accused in some cases alone:

"These are all dilatory tactics being played. Why you are saving certain accused from prosecution and moving against certain accused that you are not in good terms with? Why you are having a biased attitude? In serious cases, persons of some credence or some... I won't allow it." 

It refused to accept that the same was a mistake as submitted by the prosecution:

"Why this is happening repeatedly? A mistake may happen to anybody. A mistake twice may happen, not usually but exceptionally. Repeatedly doing the same is not mistake, these are intentional actions with ulterior motives. That cannot be countenanced. That will be viewed very seriously and this Court knows how to deal with it. Don't think the hands of this Court are chained so that nothing could be done, you can do anything as you please. I won't allow it."

The case is posted to September 18 (Friday) for further consideration.

Case No: WP(C) No. 14599 of 2020 and Crl.MC No. 5539/2020

Case Title: M.S. Anil v. State of Kerala and Ors. and connected case

Counsel for the petitioners: D. Anil Kumar & O.V. Maniprasad, Jose Antony, S. Shiv Shankar

Tags: