High Court moots fresh guidelines for Vigilance

The court made the observation while considering a petition filed by Sudheer Nambiar, son of CPM central committee member P K Sreemathy who is accused in a nepotism case.

KOCHI: The Kerala High Court on Thursday said the Vigilance and Anti-Corruption Bureau (VACB) can take up investigation of only those cases in which the actions, matters or orders involve elements of corruption or misconduct defined under the Prevention of Corruption Act.


“In the present circumstances, wherein multiple proceedings are initiated on the same issues, the court will consider issuing guidelines with regard to the functions of the VACB. Let a proper report come from the VACB as required by the court.” 


The court made the observation while considering a petition filed by Sudheer Nambiar, son of CPM central committee member P K Sreemathy who is accused in a nepotism case. 


Former Minister E P Jayarajan and Additional Chief Secretary Paul Antony are also accused in the case. 
Ordering a one-month stay on further proceedings against the petitioner, the court sought a report from the investigation officer whether the VACB was probing the legality and propriety of the appointment order - whether the appointment was made by the former minister in the capacity as Cabinet minister, or by abusing the position?


The court asked the probe officers to answer the questions: ‘on the basis of what material FIR was registered under the Prevention of Corruption Act, or what exactly is the misconduct alleged in the case?; whether the government secretary was not bound to carry out the orders of the Minister?; whether the alleged appointment was a regular appointment governed by rules and established procedures?’

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