KHCAA President Saiby Jose Kidangoor Moves Kerala HC For Quashing FIR Against Him On Bribery Allegations
The Kerala High Court Advocates Association President, Advocate Saiby Jose Kidangoor, who is facing allegations of having taken money from clients in the name of bribing judges, has approached the Kerala High Court seeking to quash the FIR that had been registered against him, and to stay all further proceedings.
The Ernakulam Central Police Station had registered the FIR against Advocate Saiby, by invoking offences under Section 7(1) of the Prevention of Corruption Act, 1988 and Section 420 of the Indian Penal Code. The FIR had been registered with the approval of the State Police Chief.
It has been averred in the plea filed by Advocate Saiby that a group of three or four lawyers had concocted a false complaint to the Registrar General who in turn informed the State Police Chief to investigate the matter. The State Police Chief had directed the City Commissioner of Police to conduct a preliminary enquiry. However, it has been averred that no concrete evidence had been brought out to inculpate the petitioner in the offence. It has been submitted that all the persons mentioned in the complaint had been summoned by the Commissioner of Police, and their statements had been recorded. However, the petitioner submits that none of those statements had revealed anything against the petitioner so as to justify the allegations levelled against him by the lawyers.
Despite the same, the petitioner avers that due to the unwarranted involvement of media persons and a group of three or four lawyers who had personal enmity towards the petitioner, the crime was registered against him.
The petitioner adds that with the registration of the FIR, his entire career had been spoilt.
"Added to it, the media, both print and visual, had given several fake news items against the petitioner for the reason they have a long standing grudge towards the petitioner, as there was clash and dispute between media and lawyers and the privileges enjoyed by the mediamen were taken away on the intervention of the Kerala High Court Advocates' Association, on the initiation of the petitioner and others", the petitioner avers.
It is on this basis that the petitioner has approached the High Court with the plea.
"A perusal of the entire allegations in the FIR shows that there are absolutely no ingredients to attract the sections either for committing any such offences either under Section 7A of the Prevention of Corruption Act or Section 420 IPC. No cognizable offence is prima facie made out against the petitioner for investigating the matter, this matter falls under the rarest of the rare case where the petitioner was falsely implicated by a group of three or four lawyers and the police, and is therefore liable be quashed", the plea states.
The petitioner is represented by Senior Advocate S. Sreekumar, and Advocates K. Anand, Babu S. Nair, M.R. Nandakumar and Martin Jose P.
Case Title: Saiby Jose Kidangoor v. The State Police Chief & Ors.