Bar Corruption : State directed to file affidavit or statement within a week

The Kerala High Court on Thursday directed the State Government to either file a statement or an affidavit in response to the writ petition filed by V.S. Sunilkumar, MLA seeking a direction to the Director of the Vigilance and Anti-Corruption Bureau to complete in seven days the preliminary inquiry into the complaint leveled against Finance Minister, K.M. Mani of having accepted a bribe from bar owners in connection with the reopening of bars.

Earlier, during the course of hearing, Counsel for the Petitioner, Sri. Renjith Thampan (Senior Advocate) had argued that even the decision of the Vigilance to conduct a preliminary inquiry in this case was untenable since the complaint clearly disclosed commission of a cognizable offence and therefore registering a case was mandatory. He argued that the very fact that several witnesses had been questioned till date clearly reveal that the Investigating officer suspected commission of cognizable offences. Accordingly, relying on several decisions of the Apex Court and the High Court of Kerala on the point, he had assailed the notification issued by the State Government granting the Vigilance 45 days to file a preliminary report.

It was in this backdrop that the Division Bench comprised of Acting Chief Justice Ashok Bhushan and A.M. Shaffique issued an order directing the State to either file a statement or an affidavit in the matter.