Home Minister Ramesh Chennithala on Thursday said the first information report filed in the liquor bar bribery case against Finance Minister K.M. Mani was in accordance with a Supreme Court (SC) Constitutional Bench’s verdict in order to ascertain if the charges disclose a cognisable offence.
At a press conference here, Mr. Chennithala sought to steer clear of the political undertones of the FIR against Mr. Mani, and preferred to blue pencil the legal aspects that led to its filing by quoting the November 2013 verdict of the Supreme Court Constitutional Bench, which included present Kerala Governor P. Sathasivam as one of the judges.
Leader of the Opposition V.S. Achuthanandan had submitted a written complaint on November 1 against Mr. Mani on the basis of allegations made by hotelier Biju Ramesh, besides demanding registration of an FIR and conduct of an inquiry. The Vigilance Director had ordered a quick verification on the basis of the complaint.
Later, Communist Party of India MLA V.S. Sunil Kumar and Left Democratic Front convener Vaikom Viswan had approached the High Court alleging that attempts were being made to delay the inquiry to save the accused in gross violation of the SC Constitutional Bench verdict in the Lalitha Kumari vs Government of Uttar Pradesh and others case.
HC orderMr. Chennithala said the High Court Division Bench in its verdict of December 3 upheld the quick verification process initiated by the Vigilance Director.
It also directed the Vigilance Director to examine whether an FIR should be filed after completion of the verification process within the stipulated 42-day time frame mentioned in the SC verdict.
The High Court verdict specifically observed that while deciding on the FIR, the Vigilance Director should follow the provisions laid down by the apex court in the Lalitha Kumari case.
Mr. Chennithala said as per this verdict, the police officer cannot avoid his duty of registering the FIR if cognisable offence is disclosed.
