KOCHI: The mysterious disappearance of sensitive case files from the sections and courtroom has once again put the spotlight on lack of security at the Kerala High Court. Last year, three sets of sensitive files along with petitions and supporting documents of a land case had vanished from the High Court. The latest is the disappearance of as many as five sets of files related to the Malabar Cements case.
The Registrar (Vigilance) had inquired into the land case and found that since entry to the judicial sections of the High Court is restricted to advocates, registered clerks of advocates and parties in person, it is highly probable that the removal of case file RFA No.172/2016 from the court officers’ section was affected by an advocate or a registered clerk in connivance with section/court officer. The incident came to light in November 2016, but the culprits haven’t been booked yet. When the court intervened, the files appeared on the court officer’s table. ‘Express’ had exposed the incident on January 4, 2017.
The then Chief Justice, Antony Dominic, had directed the case - which was being heard by a single judge - to be posted before a Division Bench. The order was issued based on a representation filed on January 9, 2017, by lawyers appearing in the land case. The representation also sought a directive to the Registrar not to post any case featuring the lawyers before that particular judge. On May 28 - a day before his retirement - Justice Dominic had also allowed this prayer in the representation. However, last week, the administrative committee recalled the second decision, saying it would create a bad precedent in the institution.
The Registrar General informed that once the Vigilance inquiry into the land case is completed, further action will be taken. Meanwhile, V Sanal Kumar, brother of the late V Saseendran, filed a complaint before the HC Registrar citing the disappearance of Malabar Cements case files on February 4, but there was no written response.
Malabar Cements’ company secretary and auditor Saseendran - the prime witness in the graft case - and his kids were found dead at home in 2011. Kumar complained that purposeful delays, postponement and misplacement of files related to a petition seeking a CBI probe into the graft case and the Saseendran case were a conspiracy hatched by the government law officers and the counsel of businessman V M Radhakrishnan, who is allegedly involved in the cases.
