The Kerala High Court on Thursday quashed a Vigilance case against CPI(M) leader and former Industries Minister E.P. Jayarajan and others in connection with the appointment of his relative as managing director (MD) of the Kerala State Industrial Enterprises (KSIE).
Allowing a petition filed by Mr. Jayarajan challenging the registration of an FIR against him, the court observed there was no evidence to constitute an offence under the Prevention of Corruption (PC) Act against Mr. Jayarajan and the other accused. When the petition was taken up, the court orally wondered for whom the case was registered and whether it was registered to save any other person or make the opponents silent?
The court added that the accused had not derived “any valuable thing” or “obtained any advantage” by way of the appointment. In fact, in order to constitute an offence under the PC Act, the accused should have gained any pecuniary benefit or advantage or any valuable thing through their act.
The court observed that the VACB registered the case without application of mind and without taking into account the facts of the case. There were no materials to prove the offence under Section 13 (1) (d) (ii) of the PC Act. The court pointed out that the order appointing P.K. Sudheer, a relative of Mr. Jayarajan, was issued on October 1, 2016. The government later issued an order cancelling the appointment on October 13, 2016.
Besides Mr. Jayarajan and Mr. Sudheer, nephew of Mr. Jayarajan and son of CPI(M) leader P.K. Sreemathy, Additional Chief Secretary Paul Antony was arraigned as accused.
