State
secretary of the Communist Party of India, Mr. Pannian Raveendran on Tuesday
filed a writ petition in the Kerala High Court challenging the maintainability of
a complaint before the Kerala Lok Ayukta seeking an inquiry into the allegation
of corruption levelled against party leaders in connection with the fielding of
Bennet Abraham as its candidate in the Thiruvananthapuram Lok Sabha
constituency and the consequential Lok Ayukta order directing an investigation
by the Inspector General of Police into the said allegations. He pointed out
that the Lok Ayukta had dismissed his plea against the maintainability of the
complaint.
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| CPI State Secretary, Pannian Raveendran |
The
investigation officer had now directed the petitioner to produce certain
documents before him on December 19, averred Mr. Raveendran in his writ petition. Mr. Raveendran said the complaint pending
before the Lok Ayukta was not at all maintainable in law.
The
petitioner, Mr. Pannian Raveendran said the Kerala Lok Ayukta Act 1999 did not
empower the Lok Ayukta to inquire into the internal affairs of a political
party. The purpose of the Act was to inquire into the actions taken by the
government or public authorities or public servants.
He also
pointed out that, in fact, the petitioner did not come under the definition of
a public servant under the Prevention of Corruption Act as he was not a
government employee or discharging any public duty as defined in the Act.
That
apart, it was absolutely clear that the candidature of Mr. Abraham had been
decided by the State Council of the CPI. Therefore, the petitioner or other
respondents could not legally be made accountable.
As per
the constitution of the party, the State secretary was one of the members of
the secretariat of the party. He could not exercise any independent power. He
needed to implement the decision of the party’s highest decision-making body
only.
The
writ petition is expected to come up for admission before the Kerala High Court
today.
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