IMPORTANT POINT
Whether a person complains of violation of his fundamental or statutory right, but at the same time, it should be borne in mind that if there is an adequate and efficacious remedy available to such person, to vindicate his grievance, then the self imposed restraint on the writ court to exercise the extraordinary jurisdiction shall be applied and such person should be relegated to avail the statutory remedy.

JUDGMENT :

S. Manikumar, J.

Instant public interest writ petition is filed for the following reliefs:

(a) To issue a writ in the nature of mandamus, directing the State Government to hand over investigation of gold smuggling scam, the Sprinklr, BevQ App., and e-Mobility Consultancy scams, in which the Hon'ble Chief Minister Sri. Pinarayi Vijayan and Sri. M. Shivashankaran, IAS, Former Principal Secretary to the Hon'ble Chief Minister of Kerala and Secretary to the Government of Kerala, Department of Information Technology, (respondent Nos.1 and 2) respectively, are allegedly involved, to the Central Bureau of Investigation/National Investigation Agency (respondent Nos.11/10) and the latter to conduct a just, fair and impartial investigation into the crimes and further to direct all other agencies, the State Police, the Customs and the State Government, to fully co-operate with the CBI/NIA.

(b) Without prejudice to the above said prayer, petitioner has also sought for a writ of mandamus or any other appropriate writ, order or direction, directing respondent Nos.12, 13 and 16 - Director General of Police, Trivandrum; Director, Vigilance and Anticorruption Bureau, Trivandrum; and The Additional Director General of Police, Crime Branch, Trivandrum, to register an FIR based on the allegation that the Sri. M. Shivashankaran, Senior Officer of the Indian Administrative Service, Sri. Pinarayi Vijayan, Hon'ble Chief Minister of Kerala, and/or those who are close to them and involved in smuggling of gold to India using the diplomatic channel and the Sprinkler, BevQ App and eMobility Consultancy scams, and to conduct an effective, meaningful, independent and impartial enquiry, unmindful of the fact that those who could be involved in the crimes are in the helm of affairs of the State, and/or to further direct the State and Central Governments to facilitate such an investigation, nay, direct the State Government to handover the investigation to the CBI.

(c) To issue a writ in the nature of mandamus or any other appropriate writ, order or direction, directing respondents 12, 13 and 16, namely, the CBI and/or the NIA and/or the Crime Branch to register an FIR, and conduct an effective, meaningful, independent and impartial enquiry into the smuggling of gold to India, by abusing the diplomatic channel and the Sprinklr, e-Mobility Consultancy scams, unmindful of the fact that those, who could be a part of the crimes, are in the helm of the affairs of the State, in matters which fall undoubtedly within their exclusive jurisdiction.

2. Short facts leading to the filing of the writ petition are that,- instant writ is the second petition, in the nature of 'qui tam action' under Article 226 of the Constitution of India, which the petitioner is instituting for remedies by way of a writ of mandamus and, in particular, registration of an FIR, and thereby, setting of the criminal law in motion against Sri. Pinarayi Vijayan, the Hon'ble Chief Minister of Kerala and Sri. M. Shivashankaran, Secretary in-charge of the Hon'ble Chief Minister's office, for offences under the Conservation Of Foreign Exchange and Prevention Of Smuggling Activities Act, 1974, Indian Penal Code, 1860, Prevention of Corruption Act, 1988 and the Customs Act, 1962.

3. Petitioner has further stated that it is the fundamental principle of law that it is the duty of every citizen to initiate criminal law in motion, and where the authorities responsible for putting the criminal law in motion fail or abdicate the responsibility, to seek judicial redressal by initiating a 'qui tam action'- qui tam pro domino rege quam pro se ipso in hac parte sequitur, he, who sues in this matter for the king as well as for himself - and seek a remedy in the nature of writ of mandamus. In the month of April, 2020, petitioner had to institute a petition under Article 226 of the Constitution of India, since police had failed to register an FIR against respondents 1 and 2, concerning the Sprinklr scam, in spite