THIRUVANANTHAPURAM: In an attempt to make the Vigilance and Anti-Corruption Bureau more accountable in the registration of high-profile cases, Vigilance director N C Asthana has ordered investigators to proceed with a probe without seeking legal opinion.
However, the move may invite criticism from legal experts as the decision is contrary to the guidelines in the vigilance manual, sources said. In his circular, Asthana said investigators have all the freedom to dismiss legal opinions from advisors. He directed investigators to consider the legal advice only as an ‘opinion’ and not to treat it as an ‘instruction’ from the legal authorities. When Express contacted Asthana, he said he did not like to comment or share official matters with the media. Earlier, Vigilance officers used to seek legal advice from dedicated legal advisors with the department.
In certain sensitive cases, the legal advices proved negative for the Vigilance, eventually leading to the closure of cases. For instance, the legal opinion in the sensational bar bribe case favoured the accused in the case, K M Mani. The former Finance Minister was given a clean chit based on the legal advice by advisor C C Augustine. He had advised the Vigilance there was insufficient evidence to prosecute Mani. Similarly, the legal advice may affect the investigation in some cases. So Asthana directed the sleuths not to take the advice as a directive or an instruction.
They can either agree or disagree with the advice given by the advisors, sources said. At present, a total of seven lawyers are holding the role of advisors for Vigilance cases. However, the new circular has made the role of advisors insignificant pertaining to the investigation of cases. As per the Vigilance manual, the legal advisor renders a legal opinion on files referred to him by the SPs in which prosecution is recommended and on any other file referred to him by the director/government. The advisor also conducts prosecution of cases in which chargesheets have been filed from the investigation units.
The particular lawyer prepares draft prosecution sanction orders as well as draft chargesheets in vigilance cases and draft memos of charges in respect of vigilance cases/enquiries in which Tribunal Enquiry is recommended (The advisor furnishes legal opinion on files, other than those in which prosecution is recommended, as and when referred to him by the SPs concerned).