Kerala High Court Raises Alarm Over FIR Targeting Ex-Judge in CSR Scam
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Synopsis
The Kerala High Court has raised significant concerns over the FIR filed against former Justice C.N. Ramachandran Nair in the Rs 1,000 crore CSR scam, highlighting potential damage to public confidence in the judiciary. The court seeks to understand the basis of the FIR amidst ongoing investigations into the scam.
Key Takeaways
- The Kerala High Court is concerned about the FIR against Justice C.N. Ramachandran Nair.
- The FIR was filed by a police officer in Malappuram District.
- Retired judges have condemned the police action.
- The CSR scam involved significant public deception.
- The court is investigating the basis for naming the former judge as an accused.
Kochi, Feb 18 (NationPress) The Kerala High Court has voiced serious concerns regarding the procedure in which an FIR was lodged against former Justice C.N. Ramachandran Nair related to the Rs 1,000 crore CSR funds scam. The FIR was filed last month by T.A. Shahul Hameed, a Sub-Inspector from Perinthalmanna, located in Malappuram District.
Last week, the association of retired judges from the Kerala High Court condemned the police's actions, asserting that the only mention of Nair in the FIR was his position as the Patron of the implicated NGO, which they claim is inaccurate.
During a recent hearing, a Division Bench comprising Justice A. Muhamed Mustaque and Justice P. Krishna Kumar deliberated on a Public Interest Litigation (PIL) concerning this issue, questioning whether the police had thoughtfully considered the implications of filing the FIR against the former judge.
The bench remarked, "…the potential harm to the institution's reputation among the public is significant. Who will rectify this? It was necessary for the police to apply their minds carefully. We are not concerned with individuals; the overall impact on the institution is what matters. Everyone should be cognizant of this situation.
"Our concern is genuine. This is a constitutional office held by an individual. The ensuing media and public discourse will be profound...we are apprehensive about the discussions circulating...the focus shifts from the individual to the establishment.
"We seek clarity on your basis for action; please provide evidence...this affects the institution directly or indirectly..." stated the Bench.
The CSR scam, orchestrated by Anandhu Krishnan, who was integral to the NGO, swindled numerous innocent citizens throughout Kerala.
Krishnan deceived victims by offering high-value items such as scooters, laptops, and sewing machines at significantly reduced prices.
His aggressive marketing strategies led many to invest their savings in what seemed to be a lucrative opportunity.
The PIL asserts, "Involving a figure of Justice C.N. Ramachandran Nair's stature as an accused in such a matter can only be interpreted as a deliberate attempt to undermine public trust in the judicial system by creating a misleading image of judges within that system."
"Thus, the actions taken by the police should not be viewed as a mere oversight but rather as a calculated effort to erode public confidence in the judiciary," the PIL contends.
The court clarified that while it is not admitting the case at this point, it is raising alarms due to the implications of accusing someone who has held a constitutional role, as this could tarnish the institution's reputation.
The court has requested guidance from T.A. Shaji, the Director General of Prosecutions, regarding the rationale behind filing the case against the retired judge and whether sufficient evidence was considered before doing so.
The case has been scheduled for review in two weeks.
The Crime Branch of the Kerala Police has commenced an in-depth investigation, and on Tuesday, the Kochi wing of the Enforcement Directorate conducted raids at 12 locations linked to K.N. Anandakumar, who leads an NGO, and Laly Vincent, a Congress leader and legal counsel for the main accused Krishnan, who is currently in custody.
