Kerala’s CPI(M)-led lDF Government on Monday informed the High Court of its decision to close the nepotism case against former Industries Minister EP Jayarajan, a CPI(M) central committee member, claiming that there were no evidences to continue with the investigation but the court instructed the Vigilance officer in charge of the probe to report the matter directly to it and to submit an affidavit.
The Government informed the court of its decision after investigating officer K Jayakumar, Superintendent of Police (Vigilance) submitted a report to Kerala’s police chief loknath Behera, DGP, who is also holding the charge of Vigilance Director, saying that the case against Jayarajan could be closed as it was not legally maintainable under the Prevention of Corruption Act.
The High Court, while considering another petition, asked the Government why the Vigilance did not have a full time Director while there were 12 officers with DGP rank in the State. The Government has not appointed a full-time director for the Vigilance and Anti-Corruption Bureau since Jacob Thomas IPS left that post on March 31.
Behera would now submit the probe officer’s report to the Special Vigilance Court in Thiruvananthapuram seeking permission to close the case. The decision to drop the nepotism case against Jayarajan was taken last week itself reportedly on the basis of the recommendation the Vigilance had received from its legal advisor, CC Augustine.
The case against Jayarajan pertained to the appointment in October last of a close relative, PK Sudheer Nambiar, son of his sister-in-law and Kannur MP PK Sreemathy, another central committee member of the CPI(M), as managing director of the Kerala Industrial Enterprises limited (KIEl), a PSU under the Department of Industries when he was its minister.
The appointment of Sudheer Nambiar, who allegedly did not have the required qualification, had set off a political storm in Kerala, upsetting the CPI(M)-led Government which was only four months old then. left with no choice and under pressure from own party, Jayarajan resigned as minister on October 14 last year.
The Vigilance probe officer’s report to Behera maintained that Jayarajan or anybody else had not made any monetary or other benefit from the appointment nor had the Government suffered any losses due to it. It also said that there was no evidence to establish that he had misused his official position.
The Vigilance had initiated the case against Jayarajan by registering a proper FIR on the basis a 90-day “quick verification” of the allegation when Jacob Thomas, seen generally as an upright officer, was the its Director on the basis of a batch of complaints including one from Opposition leader Ramesh Chennithala.
The Government had issued the order of appointment of Nambiar on October 1 last year but it was cancelled 12 days later after the matter triggered a huge controversy. The Vigilance had taken the decision to close the case against Jayarajan last week itself. The Opposition has already come out against the Vigilance’s decision.
The agency had as early as on March 17 told the High Court that Jayarajan or the others had not made any benefit out of the appointment of Sudheer Nambiar in the KIEl. The agency said in the latest report that earlier court orders and advices received from legal experts had led it to conclude that a case under Prevention of Corruption Act was not maintainable against Jayarajan.
Immediately after the first indications came out about the Vigilance’s proposal to drop the case against Jayarajan, the Opposition had alleged that this was a political decision. Opposition leader Chennithala alleged that the Vigilance, without a full-time Director, was a pawn in the hands of Marxist Chief Minister Pinarayi Vijayan.