Pattor Land Scam: Lashing Out At Jacob Thomas IPS, Kerala HC Quashes Vigilance Cases Against Ex-CM, Ex-Chief Secy [Read Judgment]

“Preconceptions and misconceptions, predilections and predeterminations of a police officer shall not be the basis for registration of a case, especially, for an offence under the Prevention of Corruption Act.”The High Court of Kerala has quashed the FIR registered against former Kerala Chief Minister Oommen Chandy and former Chief Secretary Bharat Bhushan in which they were alleged to have committed acts of corruption by giving undue benefits to a private builder. The Managing Director and two Executive Directors of the Kerala Water Authority (KWA) were also arrayed as accused in the FIR. The gist of the allegation was that the accused had facilitated the shifting of underground sewerage lines of KWA to enable construction of a high-rise by a private builder, Artech Realtors Pvt Ltd. The case, generally known as “Pattoor land scam case”, had generated a lot of attention, as it was registered on the basis of a suo moto complaint by the then Vigilance Director, Jacob Thomas IPS, who enjoyed the media image of a whistle-blower and anti-corruption crusader. Former Leader of Opposition VS Achuthanandan was also a party in the proceedings.BackgroundArtech Realtors sought for shifting of sewerage lines which were running diagonally through the property over which it claimed title for constructing high-rise building. On 18.02.2014, a government order was issued constituting a special committee comprising Land Revenue Commissioner, District Collector (Thiruvananthapuram), Survey & Land Records Director, and MD of KWA, to study and decide upon the issue of the shifting of sewerage lines. The committee reported that the sewerage lines were passing beneath the property of the company, and recommended that the lines can be shifted on condition that company should bear expenses. Accordingly, the lines were shifted at company’s cost.This was alleged to be an illegal favour conferred on the company. The Vigilance Director issued a suo moto direction to his subordinate to conduct a Quick Verification Enquiry. Based on the Quick Verification Enquiry, the FIR was registered, alleging offences punishable under Prevention of Corruption Act. It was alleged that the then Chief Minister committed illegality by constituting the special committee, and the decision was taken without taking the views of Water Resources Department.Suo moto FIR stands on different footingAt the outset, Justice Abraham Mathew, the single judge who considered the writ petitions for quashing the FIR, clarified that an FIR registered by the police suo moto is distinct from other FIRs. Therefore, the court can examine the case background and materials in a suo moto FIR while considering the issue of quashing. Hence, the ordinary rule that High Court will not embark upon back ground enquiry to quash FIR if it prima facie reveals a cognizable offence is not strictly applicable in suo moto FIRs.Where a police officer has registered a case suo motu on the basis of some materials which he claims to be in existence, the court certainly can examine whether such materials exist and they disclose a cognizable offence. Registration of a case suo motu by a police officer on assumed facts, or on grounds the falsity of which is revealed even without investigation, or on misconception of laws is a valid ground to put an end to the proceedings initiated by him., observed the court.Disputed land does not belong to KWAThe court wondered what was the undue advantage conferred by the accused to the builder, as the company bore the costs of shifting the sewage lines passing under its property. The argument that the property belonged to the KWA was held to be unsustainable. It was held that the KWA’s claim over the property was based on a misconceived application of Section 16 of the Kerala Water Supply and Sewerage Act. The Section did not create any new right in the property through which a sewer of the Water Authority is laid. It only effected transfer of the right which the government, (the Public Health Engineering Department) already had in the property, assets, sewerage services, sewerage works etc. The State had no case that the government had any right or title to the property in dispute when the Act came into force. Therefore, the foundation of the FIR itself was lost and the FIR was termed as a sucked out egg .Chief Minister did not commit illegality by issuing order concerning Water Resources DepartmentThe prosecution allegation that the former Chief Minister committed illegality by constituting the Special Committee for deciding a matter concerning Water Resources Department was rejected by the Court. Making extensive reference to the Rules of Business of Government, the Court found that the ordinary rule for disposal of files that it shall be done under the authority of the Minister in-charge of the concerned department was not without exceptions. Rule 28(4) enabled the Chief Secretary to call for files from any Departments and submit it for examination of the...

Pattor Land Scam: Lashing Out At Jacob Thomas IPS, Kerala HC Quashes Vigilance Cases Against Ex-CM, Ex-Chief Secy [Read Judgment]

Manu Sebastian

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