Back
HIGH COURT OF KERALA
V.RAMKUMAR, J
C.V.PADMARAJAN – Appellant
Versus
GOVERNMENT OF KERALA & OTHERS – Respondent
WP(C)/13804/2008
Criminal - Writ Petitions - Cr.P.C. Sections [197, 188] - The court ruled on the requirement for prosecution sanction under specific sections, determining that previous sanction from the Central Government is mandatory for prosecution in this case, with jurisdictional issues leading to the quashing of proceedings by the Thrissur Vigilance Court.
Fact of the Case:
Two Writ Petitions were filed by the former Power Minister and the former Chairman of K.S.E.B. challenging a charge sheet for corruption involving a conspiracy with a French company. They sought to quash the charge sheet due to alleged lack of jurisdiction and necessary prosecution sanctions under Indian law.
Finding of the Court:
The court found that the Vigilance Court lacked jurisdiction as the acts in question didn't occur within its territorial limits. It determined that there was a failure to obtain required prosecution sanctions under Sections 197 and 188 of the Cr.P.C., leading to the quashing of the summons and charge sheet.
Issues: Whether the Vigilance Court had jurisdiction to take cognizance of the case and whether necessary sanctions were obtained as per Sections 197 and 188 of the Cr.P.C.
Ratio Decidendi: The court held that the requirement of prior sanction under Section 197 Cr.P.C. applies even after a public servant has ceased to be in service and that Section 188 Cr.P.C. necessitates Central Government sanction for offences committed outside India.
Final Decision: The Writ Petitions were allowed in part; proceedings in the Vigilance Court were quashed for lack of jurisdiction and necessary sanctions.
JUDGMENT
INNER SUB - TITLES
THE TWO WRIT PETITIONS W.P.(C ) 13804 of 2008 is filed by the 5th accused, C.V. Padmarajan who was the Minister for Electricity and Coir in the State of Kerala for the period from 1991-1995 when the Ministry led by the United Democratic Front ('UDF” for short) was in power in the State of Kerala. The prayer in the said Writ Petition filed on 28-4-2008 is the following:-
Title
Paragraph Nos.
The two Writ Petitions
Paras 1 and 2
The advocates who appeard
Para 3
The former Power Minister's (A5) stand
para 4
Stand of A3 ( Former Chairman of K.S.E.B)
para 5
Stand of A1 (Former Chairman of K.S.E.B.)
para 6
Stand of the Prosecution
para 7
Judicial Evaluation
para 8 onwards
Historical Background
para 9
Delay in investigation - Whether fatal
para 10
Prosecution Sanction under Sec. 197 Cr.P.C.
para 11 to 13
Absence of sanction under Sec. 188 Cr.P.C.
14 to 20
Territorial jurisdiction of the Thrissur Court
Paras 21 and 22
Conclusion
last para
a) issue a writ of certiorari or other writ or order to quash Ext.P1 charge sheet and Ext. P2 summons and thereby upholding the protections of the petitioner under the provisions of S. 188 and 197 (1) Crl. P.C.
b) declare that the Vigilance Court, Thrissur has no jurisdiction and legal authority to proceed with Ext. P1 charge sheet and P2 summons against the petitioner.
c) issue a writ of mandamus or other writ or order or direction directing the respondents 1 to 4 to drop the prosecution proceedings now initiated against the petitioner without any sanction from the competent authorities under Sec. 188 and 197 (1) Crl.P.C.
(c ) Issue such other reliefs as this Hon'ble Court deems fit and proper in the circumstances of this case.
Respondents 1 to 4 in the said Writ Petition are:
i) Government of Kerala, represented by the Secretary to the Government, Vigilance and Home Affairs Secretariat, Thiruvananthapuram, ii) Sheristadar, Enquiry Commissioner and Special Judge, Vigilance, Thrissur iii) Director of Vigilance & Anti corruption, Thiruvananthapuram iv) Superintendent of Police, Vigilance & Anti corruption Bureau, Special Cell, Ernakulam Subsequently, on 24-6-2008 the petitioner filed I.A. No. 8028 of 2008 for amendment of the Writ Petition so as to include two additional grounds that the Vigilance Judge committed an illegality in taking cognizance of the offences against the petitioner against whom no offence was actually made out and that there was unexplained long delay of 15 years from the date of occurrence and also to include the following additional prayer:-
(d) to declare that Ext.P1 charge sheet does not disclose any offence and hence Ext.P1 and P2 are unsustainable in law and void ab-initio.
2. Writ Petition (C) No. 20817 of 2008 is filed by the first accused R. Narayanan who was the Chairman of the Kerala State Electricity Board (K.S.E.B. for short) during the period from 20-8-1991 to 19-6-1993. The reliefs prayed for in the said Writ Petition are the following:-
“a) Issue a writ of certiorari or any other appropriate writ, order or direction, issue quashing Exts. P1 charge sheet as illegal and unsustainable after calling for and perusing the records leading to the same.
b) issue a writ of mandamus or any other appropriate Writ, Order or Direction directing respondents 1 to 4 to drop the prosecution proceedings initiated in C.C. No. 3 of 2008 before the Vigilance Court, Thrissur against the petitioner, since it is violative of Sec. 4(2) of P.C. Act, 197 (1) and 188 of Crl. P.C.
c) declare that the Vigilance Court, Thrissur is not having territorial jurisdiction and legal authority to proceed with Ext.P1 charge sheet against the petitioner.
d) declare that Ext.P1 does not disclose any offence against this petitioner and hence Ext.P1 is unsustainable and void ab initio e) issue such other reliefs as this Hon'ble Court deems fit and proper in the factual circumstances of the case f) award cost to the petitioner to the proceedings”
Respondents 1
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
