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HC directive to Kerala Govt. on Thomas case

By Our Staff Reporter

KOCHI July 4. A Division Bench of the Kerala High Court today directed the State Government and the Superintendent of Police, Vigilance and Anti-Corruption Bureau, to produce the original records relating to the investigation into the disproportionate asset case against K.V. Thomas, Minister for Tourism and Fisheries.

The Bench comprising Chief Justice Jawahar Lal Gupta and Justice A. K. Basheer issued a directive for producing the records on July 8 in order to ascertain what investigation had been conducted by the Vigilance since August 9, 2002 when the Vigilance Court had ordered an inquiry into the case.

The directive came when a writ petition filed by Biju C. Valluvanadan of Ernakulam came up before the Bench.

The counsel for Prof. Thomas submitted before the court that he would file a counter-affidavit in response to the petition tomorrow.

The petition would be taken up for further hearing on July 8.

Besides seeking a directive to the Vigilance SP to conduct a proper investigation as ordered by the Vigilance Court, the petition sought to restrain Prof. Thomas from continuing as a Minister until the investigation was over. According to the petitioner, he was aggrieved by the State and Vigilance Department's failure to complete the inquiry into the case.

He submitted that an independent investigation was possible only if Prof. Thomas stepped down from his post. If he continued to be a Minister, the people apprehended that the investigation would be biased.

He said the Chief Minister, A.K. Antony, who had been arrayed as a respondent, had a duty to secure the Minister's resignation to show that his duties were carried out without any fear or favour.

In fact, it would be a travesty of justice if the Chief Minister allowed a person against whom a Vigilance inquiry was pending to continue as a Minister. When a Vigilance inquiry was ordered against a public servant, he or she was suspended to ensure that a fair investigation was conducted.

However, the Minister was allowed to continue in his post, the petitioner said.

He also contended that the Governor, being the appointing authority, had the power to advise the Chief Minister to sack the Minister when a person appointed by him was facing an investigation under the provisions of the Prevention of Corruption Act.

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