In a setback to Kerala’s Congress-led UDF Government in the sensational bar bribery case, the High Court on Saturday expressed suspicion about the possibility of the State Vigilance probing it honestly when the Chief Minister himself was making public statements exonerating the accused. The court observed that an investigation by an agency from outside the State, like the CBI, would be appropriate in this case.
Pointing out that the Chief Minister Oommen Chandy and others had said that no offence had been committed by the accused, KM Mani who was charged with taking `1 crore as bribe from bar owners, the court asked whether a subordinate agency could investigate the case honestly in such a situation. The court said it had the duty to ensure that the public reposed confidence on the investigation.
While taking up a revision petition challenging a Vigilance court order for further probe against Mani in the bar bribery case, Justice B Sudheendra Kumar of the High Court suggested that it would be appropriate if an agency from outside the State probed the scam. He said the opinion of the CBI could be sought on the matter. The Government opposed this.
The Judge directed all those occupying responsible positions like investigating officials and superior authorities not to make public statements on the merits and demerits of the case which was now under its consideration and cautioned that anyone making such statements would have to answer to the court.
Mani, chairman of the Kerala Congress(M), third biggest partner of the ruling UDF, had resigned as Finance and law minister on November 10 following an advice from the High Court that he should decide on continuing in the Cabinet as per his conscience. A Vigilance probe had found evidences against Mani but the agency’s final report said he need not be prosecuted.
The State Advocate General opposed Justice Sudheendra Kumar’s proposal on seeking CBI’s opinion saying that it would be inappropriate to do so at this stage when even preliminary arguments had not been completed in a case in which several parties were involved. He also argued that a division bench of the High Court had earlier rejected the request for a CBI probe.
Justice Sudheendra Kumar said the court would examine the Vigilance records on the bar bribery case investigation and called all the files regarding the case from the lower court for detailed examination. He ordered serving of notices to Mani and other parties involved in the case, which would now be taken up on December.
While Chandy refused to respond to Justice Sudheendra Kumar’s observations, Home Minister Ramesh Chennithala, also holding the Vigilance Portfolio, claimed the State probe agency had always been honest and impartial in its investigations. On the CM’s statement exonerating Mani, he said, “He had made that statement based on TV channel reports.”
Rejecting the Vigilance’s final report exonerating Mani, the Special Vigilance Court in Thiruvananthapuram had on October 29 ordered further probe into the bar bribery scam and had criticised the Vigilance Director, Vinson M Paul, for interfering in the factual report filed by the investigating officer.