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The Kerala High Court on Thursday (September 10) ordered the personal appearance of Additional Chief Secretary of the State Backward Classes Development Department to explain why the SIT's request for prosecution sanction was not considered despite its direction.

The case relates to the alleged misappropriation of government funds under the Micro Finance Scheme. A crime was registered in 2016 and it is alleged that the officers of the SNDP Yogam, including Vellappally Natesan, and former Managing Directors of Kerala State Backward Classes Development Corporation Ltd. (KSBCDC) were involved in the scam.

Justice A. Badharudeen today ordered:

"Direction of this Court is not complied in the matter of deciding prosecution sanction. Since there is no justification for not complying, the prayer of the public prosecutor to grant further time is rejected. Post tomorrow for the appearance of the Additional Chief Secretary for Backward Classes to explain why he failed to comply with the order."

The Court was considering 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.

When the matter came up today, the public prosecutor sought 2 weeks' time to decide on the prosecution sanction.

"What is the order? Was a decision made as per the direction? Then he must come before this Court tomorrow," the Court orally said.

On August 14, the investigating officer S. Sasidharan IPS had appeared before the Court. After perusing the detailed report regarding the progress of the investigation, the Court noted that final report can be filed in at least 8 out of the 124 cases registered. Noting that in one of the cases, in Pulppally (2014) (Wayanad), the final report is awaiting prosecution sanction, the Court had directed the Additional Chief Secretary to consider the request and pass orders by September 10.

The case is posted to September 11 (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

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