Kerala High Court
P.N.Sreekumaran Nampoothiri @ ... vs State Of Kerala on 11 February, 2025
2025:KER:19100
W.P.(C)Nos.36150, 36393 of 2015 &
O.P.(Crl.)No.43 of 2016
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR. JUSTICE S.MANU
TUESDAY, THE 11TH DAY OF FEBRUARY 2025 / 22ND MAGHA, 1946
WP(C) NO. 36150 OF 2015
PETITIONER:
P.N.SREEKUMARAN NAMPOOTHIRI @ P.N.S.NAMPOOTHIRI
AGED 59 YEARS
S/O.NAMBYATHAN NAMPOOTHIRI, "PUTHIYADAM",
PUNNATHURA WEST P.O., ETTUMANOOR, KOTTAYAM-686 631.
BY ADV DR.ABRAHAM P.MEACHINKARA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF HOME AFFAIRS, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.
2 DIRECTOR OF VIGILANCE
VIGILANCE AND ANTI CORRUPTION BUREAU, POOJAPURA,
THIRUVANANTHAPURAM 695 033.
3 MR.R.SUKESAN
SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI
CORRUPTION BUREAU, SIU-1, POOJAPURA,
THIRUVANANTHAPURAM 695 033.
4 MR.M.N. RAMESH
DEPUTY SUPERINTENDENT OF POLICE,
VIGILANCE AND ANTI CORRUPTION BUREAU,
ERNAKULAM UNIT,PIN 682033.
2025:KER:19100
W.P.(C)Nos.36150, 36393 of 2015 &
O.P.(Crl.)No.43 of 2016
2
5 MR.K. BABU,
MINISTER FOR EXCISE,
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
6 MR.BIJU RAMESH,
S/O.RAMESHAN,
"SAMTHRIPTHY", KOTTAKKAKOM, VANCHIYOOR,
THIRUVANANTHAPURAM, PIN -695001.
BY ADVS.
SRI.K.P.HARISH, SR.GOVERNMENT PLEADER -FOR R1 & R2
SRI.C.S.AJITH PRAKASH
SRI.BALU TOM
SMT.PINKU H.THALIATH
SRI.N.PRASANNAN
SRI.S.SREEKUMAR (SR.)
SRI.M.B.SOORI
SRI.C.P.UDAYABHANU
SRI.C.J.VARGHESE VINU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.02.2025, ALONG WITH WP(C).36393/2015, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
2025:KER:19100
W.P.(C)Nos.36150, 36393 of 2015 &
O.P.(Crl.)No.43 of 2016
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR. JUSTICE S.MANU
TUESDAY, THE 11TH DAY OF FEBRUARY 2025 / 22ND MAGHA, 1946
WP(C) NO. 36393 OF 2015
PETITIONER:
P.L.JACOB
AGED 50 YEARS
S/O. LONAPPAN, PADINJAKKARA HOUSE, KOORKKAMATTAM,
CHALAKUDY, THRISSUR DISTRICT - 680 724.
BY ADVS.SRI.JOHN MATHEW THEREZHATH
SRI.JOBIN JOHN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS HOME SECRETARY, HOME AFFAIRS
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 THE CITY POLICE COMMISSIONER
THIRUVANANTHAPURAM - 695 034.
3 BIJU RAMESH
AGED 51 YEARS
S/O. LATE G. RAMESHAN, RESIDING AT SAMTHRIPTHI,
TC NO.37/852, EAST FORT, TRIVANDRUM - 685 023.
SRI.K.P.HARISH, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 11.02.2025, ALONG WITH WP(C).36150/2015, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:19100
W.P.(C)Nos.36150, 36393 of 2015 &
O.P.(Crl.)No.43 of 2016
4
NITIN JAMDAR, C.J.
&
S.MANU, J.
--------------------------------------------------
W.P.(C)Nos.36150, 36393 of 2015 &
O.P.(Crl.)No.43 of 2016
-------------------------------------------------
Dated this the 11th day of February, 2025
JUDGMENT
S.MANU, J.
W.P.(C)No.36150/2015 is a Public Interest Litigation. Reliefs sought in the writ petition are as below:-
"(i) to issue a writ of mandamus and direct the 2 nd respondent to constitute a Special Investigation Team of Officers having impeccable integrity, excluding the 3rd respondent (Shri. R. Sukesan) and conduct a detailed enquiry/investigation on the basis of Exhibit P-4 Witness Statement recorded under Section 164 of Cr.P.C. and on the basis of the revelations made thereafter.
(ii) to call for the records leading to Exhibit P-5 report and quash the same by issuing a writ of certiorari.
(iii) to direct the 2nd respondent to register a Vigilance Case against the 5th and 6th respondents and supervise the investigation in accordance with the 2025:KER:19100 W.P.(C)Nos.36150, 36393 of 2015 & O.P.(Crl.)No.43 of 2016 5 provisions contained in the Vigilance and Anticorruption Bureau Manuel and periodically report before this Hon'ble Court about the progress of investigation till a Final Report is filed before the Vigilance Court under Section 173 (3) of the Code of Criminal Procedure, 1973.
(iv) to pass any other order, or direction as this Hon'ble Court may deem fit and necessary, in the interests of justice.
AND
(v) To award cost of this Writ Petition (Civil) to the Petitioner."
2. W.P.(C)No.36393/2015 was filed seeking registration of crime against the 3rd Respondent in the said writ petition. Reliefs sought in the said writ petition are as follows:-
"I. Issue a writ of mandamus or appropriate writ, order or direction, directing the 2nd respondent to register an F.I.R against the 3rd respondent on the basis of Exhibit P3 complaint, as per the direction of the Apex Court in Lalitha Kumari vs. Govt. of U.P. & Ors [2013 (4) K.L.T 632].
II. Call for entire records leading to the Exhibit P5 reply letter issued by the 2nd respondent stating that he is incompetent to investigate into the issues as contemplated by the Exhibit P3 complaint, 2025:KER:19100 W.P.(C)Nos.36150, 36393 of 2015 & O.P.(Crl.)No.43 of 2016 6 scrutinize and quash the same by holding it as illegal, arbitrary and unsustainable.
III. Issue such other reliefs that this Hon'ble Court deems fit and proper in the facts and circumstances of the case."
3. When these cases came up for consideration on 29 October 2024 it was noted that on 25 January 2016 the Division Bench had admitted W.P.(C)Nos.36150/2015 and 36393/2015 and notice was issued. The Division Bench had also made some observations in the said order to the effect that the scope and extent of judicial review with reference to the preliminary inquiry report by the Vigilance and Anti-Corruption Bureau may have to be examined.
4. By Order dated 29 October 2024 we had directed the learned Special Government Pleader to get instructions as regards the present position. The learned Senior Advocate appearing for the 5 th Respondent in W.P.(C)No.36150/2015 pointed out that some other litigations seeking investigation by CBI into the same issue were rejected. He submitted that the Hon'ble Supreme Court in S.L.P.No.16203/2021 by order dated 10 September 2024 rejected a plea for CBI investigation and handed over a copy of the order.
2025:KER:19100 W.P.(C)Nos.36150, 36393 of 2015 & O.P.(Crl.)No.43 of 2016 7
5. Pursuant to the order passed on 29 October 2024 an affidavit of the Deputy Superintendent of Police, Special Investigation Unit 1, Vigilance and Anti-Corruption Bureau was filed and the learned Senior Government Pleader made submissions. It was stated that VC-6/2014/SIU-1, U/s.7, 13(1)(d) of PC Act 1988 was registered at V&ACB, Special Investigation Unit-1 Police Station, Poojappura, Thiruvananthapuram on 10 December 2014. Mr.K.M.Mani, who was the Minister of Finance from 2011 to 2016, was the accused in the said case. On completion of investigation, final report was submitted before the Enquiry Commissioner and Special Judge (Vigilance), Thiruvananthapuram on 7 July 2015. The report was rejected and the Special Judge directed to conduct investigation on some aspects by order dated 29 October 2015. Upon completion of the investigation, a final report incorporating the findings of the Preliminary Enquiry was submitted on 13 January 2016. Subsequently on 23 August 2016, a report U/s 173(8) Cr.P.C was submitted before the Enquiry Commissioner and Special Judge (Vigilance), Thiruvananthapuram, seeking further investigation into certain newly emerged facts. By order dated 27th August 2016, the court granted permission for further investigation and directed the investigating officer to proceed in 2025:KER:19100 W.P.(C)Nos.36150, 36393 of 2015 & O.P.(Crl.)No.43 of 2016 8 accordance with the law and submit a report. After completing investigation, a supplementary final report was submitted on 3 March 2018 stating that there was no conclusive evidence and it was requested to drop further action. The said report was rejected by order dated 18 September 2018 and the Special Judge issued order to conduct further investigation again. The order of the Special Judge was challenged before this Court and during the pendency of the case, the sole accused passed away. On the basis of report submitted by the VACB, trial court closed further proceedings by order dated 15 October 2019.
6. Regarding W.P.(C)No.36150/2015 it has been stated in the affidavit that:
"11. It is submitted that Sri.P.N.Sreekumaran Namboothiri @ PNS Namboothiri (Petitioner) has filed this writ petition against 1 to 6 respondents as WPC 36150/2015 before the Hon'ble High Court for seeking a direction to the 2nd respondent to constitute a special Investigation team of officers having impeccable integrity, excluding the 3rd respondent, and conduct detailed enquiry on the basis of 164 statement made by the 6th respondent.
12. As per the revelation in the 164 statement pertaining to the allegation against 5th respondent a Preliminary 2025:KER:19100 W.P.(C)Nos.36150, 36393 of 2015 & O.P.(Crl.)No.43 of 2016 9 Enquiry as 01/2015/EKM was conducted by the 4th respondent Sri. M.N Ramesh, Deputy Superintendent of Police, V&ACB, Ernakulam Unit. The enquiry revealed that the allegation was not substantiated in evidence. Hence, the allegation in PE-01/2015/EKM was not investigated further in VC-06/2014/SIU-I.
13. A copy of above preliminary enquiry report was also incorporated with the Final Report in VC 06/2014/SIU- 1 and submitted before the Hon'ble Enquiry Commissioner and Special Judge (Vigilance) Thiruvananthapuram by the 3rd respondent Sri.R.Sukesan, Superintendent of Police,V&ACB, SIU-1.
14. It is also submitted that based on the same allegation in 164 statement made by 6th respondent one Mr. George Vattakkulam filed Crl MP 910/2015 before the Hon'ble Enquiry Commissioner and Special Judge (Vigilance), Thrissur. The Hon'ble Court ordered to conduct a Quick Verification to the 2nd respondent.
15. As per the above order a Quick Verification was conducted as QV-54/2015/CRE. The enquiry revealed that there were no material to substantiate the allegation leveled in Crl MP 910/2015. The Hon'ble Court examined the Quick Verification report, accepted the QV report and closed Crl MP 910/2015.
2025:KER:19100 W.P.(C)Nos.36150, 36393 of 2015 & O.P.(Crl.)No.43 of 2016 10
16. It is submitted that no enquiry or investigation is now pending in this unit in the basis of the revelation made by respondent No.6 in his 164 Cr.PC statement made against respondent No.5.
17. It is submitted that, a petition filed by Sri.VM.Radhakrishnan, President of Kerala Hotel Industrialists Association before the Vigilance Director arraying that Sri.K.Babu (5th respondent) alleging acceptance of bribe for fresh bar license. As per the direction, a Quick Verification as QV-15/2016/CRE was conducted by Central Range Ernakulam and a Vigilance Case as VC 05/2016/CRE registered on 21.07.2016 at VACB Central Range, Ernakulam. After the investigation of the case, on 24.06.2020 a Final report as Further Action Dropped was submitted before the Enquiry Commissioner & Special Judge (Vigilance) Moovattupuzha Court."
7. The learned Counsel for the parties, including the Petitioners, are ad idem that in the light of the above developments, no further interference in the Public Interest Litigation is warranted. The pending proceedings will be decided on their own merits. W.P.(C)Nos.36150/2015 and 36393/2015 are accordingly disposed of.
2025:KER:19100 W.P.(C)Nos.36150, 36393 of 2015 & O.P.(Crl.)No.43 of 2016 11 ORDER IN O.P.(Crl.)No.43/2016
8. O.P.(Crl.)No.43/2016 is a matter to be dealt with by the learned Single Judge as per roster. The case was posted along with the writ petitions pursuant to an order dated 10 March 2016 passed by the learned Single Judge. In view of disposal of W.P.(C)Nos.36150/2015 and 36393/2015, O.P.(Crl.)No.43/2016 need not be considered and decided by the Division Bench. Registry to list the case before the learned Single Judge as per roster.
Sd/-
NITIN JAMDAR CHIEF JUSTICE Sd/-
S.MANU JUDGE skj 2025:KER:19100 W.P.(C)Nos.36150, 36393 of 2015 & O.P.(Crl.)No.43 of 2016 12 APPENDIX OF WP(C) 36150/2015 PETITIONER'S EXHIBITS EXT.P1 TRUE COPY OF THE REPRESENTATION (WITHOUT ANNEXURES) GIVEN BY THE PETITIONER TO TEH 2ND RESPONDENT DATED 16.11.2015 BY SPEED POST.
EXT.P2 TRUE COPY OF THE REPORT THAT APPEARED IN THE NEW INDIAN EXPRESS (ONLINE) DATED 13.11.2015 EXT.P3 TRUE COPY OF THE REPORT IN NEW INDIAN EXPRESS DATED 13.11.2015.
EXT.P4 TRUE COPY OF THE STATEMENT OF WITNESS RECORDED UNDER SECTION 164 OF CR.P.C. IN VC 6/2014/SIU-I OF THE VIGILANCE DEPARTMENT IN THE COURT OF JUDICIA FIRST CLAS MAGISTRATE COURT II, THIRUVANANTHAPURAM DATED 30.3.2015 EXT.P4(a) TRUE COPY OF ENGLISH RENDERING OF EXT.P4.
EXT.P5 TRUE COPY OF THE PRELIMINARY ENQUIRY REPORT NO.PRE/1/2015 EKM FILED BY THE 4TH RESPONDENT DATED 6.6.2015.
EXT.P6 TRUE PRINT OUT OF THE JUDGMENT BY THE HON'BLE HIGH COURT OF DELHI IN SI.BHARADHWAAJ MEDIA PPVT.TD. V. STATE [2008 (1) JCC 167] AS REPORTED IN INDIAN KANOON EXT.P6(a) TRUE PRINT OUT OF THE JUDGMENT BY THE PUNJAB AND HARYANA HIGH COURT IN SUKHWINDER PAL SUNGH PUREWAL V.STATE OF PUNJAB [2005 (3) SCT 596] EXT.P6(b) TRUE PRINT OUT OF THE JUDGMENT BY THE MADRAS HIGH COURT IN P.MALAYANDI V. STATE [2010 90 AIC 358 (MAD)] 2025:KER:19100 W.P.(C)Nos.36150, 36393 of 2015 & O.P.(Crl.)No.43 of 2016 13 EXT.P7 TRUE COPY OF THE REPRESENTATION GIVEN BY JOSEPH M. PUTHUSSERY, EX.MLA DATED 20.6.2015.
EXT.P7(a) TRUE TRANSLACTION OF EXHIBIT.P7.
EXT.P8 TRUE COPY OF THE COMPLAINT GIVEN BY D. RAJKUMAR TO THE 2ND RESPONDENT DATED 22.4.2015.
EXT.P8(a) TRUE ENGLISH TRANSLATION OF EXT.P8.
EXT.P9 TRUE COPY OF THE COMPLAINT GIVEN TO HOME MINISTER DATED 25.5.2015.
EXT.P9(a) TRUE ENGLISH TRANSLATION OF EXT.P9.
2025:KER:19100 W.P.(C)Nos.36150, 36393 of 2015 & O.P.(Crl.)No.43 of 2016 14 APPENDIX OF WP(C) 36393/2015 PETITIONER'S EXHIBITS EXT.P1 THE TRUE COPY OF THE NEWSPAPER EXTRACTS NAMELY MADHYAMAM, EXPRESS NEWS AND TEHELKA WEB DESK DT. 11.11.2015, 12.11.2015 AND 13.11.2015 RESPECTIVELY REGARDING THE ADMISSION MADE BY THE 3RD RESPONDENT.
EXT.P2 THE COPY OF THE C.D CONTAINING THE RELEVANT VIDEO CLIP TELECASTED BY THE JANAM TV CHANNEL ON 11.11.2015 REVEALING THE ADMISSION SO MADE BY THE 3RD RESPONDENT REGARDING THE PAYMENT OF RUPEES ONE CRORE BY HIM PERSONALLY TO EXCISE MINISTER.
EXT.P3 THE TRUE COPY OF THE COMPLAINT BEARING NO. G9/88759/2015 TC DT. 13.11.2015 FILED BY THE PEETITIONER TO THE 2ND RESPONDENT.
EXT.P4 THE TRUE COPY OF THE ACKNOWLEDGMENT DT.
14.11.2015 ISSUED FROM THE OFFICE OF TH 2ND RESPODENT ACKNOWLEDGING THE RECEIPT OF EXT.P3 COMPLAINT.
EXT.P5 THE TRUE COPY OF THE REPLY LETTER DT.
14.11.2015 ISSUED BY THE 3RD RRESPONDENT TO THE PETITIONER.
EXT.P6 THE TRUE COPY OF APPLICATION DT.
16.11.2015 FILED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT 2005 TO THE 2ND RESPONDENT.