CSR Funds Scam : Supreme Court Rejects Plea Challenging Exclusion Of Ex-Kerala HC Judge From FIRs

The Supreme Court yesterday dismissed a petition challenging the exclusion of retired Kerala High Court judge-Justice CN Ramachandran Nair's name from the list of accused in the CSR Funds scam case.A bench of Justices Vikram Nath and Sandeep Mehta was dealing with a petition filed by an organisation named Joint Voluntary Action for Legal Alternatives (JVALA) challenging Kerala High Court's order, which directed the concerned Investigating Officer to take steps for exclusion of Justice Nair's name from the list of accused.Briefly put, the case pertains to the National NGO Confederation, which allegedly defrauded multiple persons and over 200 charitable organizations/NGOs of several crores. As per allegations, the Confederation offered to provide goods such as laptops, household appliances, etc. at subsidized rates, claiming that they were sourced from CSR funds of private companies.One of the complaints against the Confederation and its officer bearers was filed by Angadippuram Kisan Service Society, alleging that the accused cheated it by collecting over Rs.34 lakh rupees between April 2024 and November 2024 by promising to provide two-wheelers, laptops, and sewing machines at half price.Justice Nair was arrayed as an accused in his capacity as a trustee of the National NGO Confederation.Subsequently, 5 practicing lawyers of the High Court moved a PIL stating that the crime had been registered based on a frivolous complaint without even conducting a preliminary inquiry. The PIL further claimed that registration of crime against the retired judge would tarnish the reputation of the judiciary in the minds of the people.In February, the High Court expressed concerns about registration of the FIR against Justice Nair. It called on the IO to explain whether there was proper application of mind before arraying the former judge as an accused.Ultimately, taking into account the written statement of the Director General of Prosecution, the Court ordered removal of the retired judge's name from all the FIRs. The said statement read thus:“He further sated that Hon'ble Justice (Rtd) C N Ramachandran Nair has no role or knowledge in the day to day functioning or in the financial dealing of the National NGOs Confederation and he further stated that Hon'ble Justice (Rtd) C N Ramachandran Nair has not received any payments from the National NGOs Confederation or any other institutions connected with it. Upon a preliminary verification of the bank accounts of the prime accused and the National NGOs confederation, no payments are seen received by Hon'ble Justice (Rtd) C N Ramachandran Nair. It is submitted that the investigation of the cases connected with the CSR Fund Scam are in preliminary stage, and has not brought out any concrete material to implicate the Hon'ble Justice (Rtd) C N Ramachandran Nair in the above cases at present. “Aggrieved, the petitioner approached the Supreme Court. Its counsel argued that Justice Nair's name was deleted merely on account of the written statement filed by the Director General of Prosecution, stating that the role played by the former judge was only advisory.In response, the bench questioned the petitioner about its locus and remarked, "Your prayer has not been quashed". "Only so you could reap vengeance, you took name of that person", added Justice Mehta.Disagreeing, the petitioner's counsel argued that he could demonstrate Justice Nair's role. "I am a victim of 161 NGOs. I have also paid money to this NGO (National NGO Confederation). He (Justice Nair) has been putting signatures in day-to-day activities. All the correspondence, all the letters...", he submitted. However, the Court refused to entertain the plea.Appearance: AoR Suvidutt MS, Advocates Deepika Singh and Disha Puri (for petitioners) Case Title: JOINT VOLUNTARY ACTION FOR LEGAL ALTERNATIVES (JVALA) AND ORS. Versus STATE OF KERALA AND ORS., Diary No. 27747-2025Click Here To Read/Download Order

CSR Funds Scam : Supreme Court Rejects Plea Challenging Exclusion Of Ex-Kerala HC Judge From FIRs

Debby Jain

"Only so you could reap vengeance, you took name of that person", observed Justice Mehta.

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