KOCHI: The High Court on Thursday quashed the FIR filed by the Vigilance and Anti-Corruption Bureau against K M Shaji, former MLA and IUML leader, in a case registered for allegedly receiving a bribe of Rs 25 lakh from an aided school management at Azhikode in 2014 for sanctioning additional plus two courses.
Justice Kauser Edappagath said that “The allegations in the FIR and the evidence collected in support of the same, even if believed in toto, do not prima facie disclose a cognizable offence or make out a case against the petitioner. Hence, no purpose will be served in proceeding with the matter further.” The court also noted that to attract the offence under section 7 or 13(1)(d) of the PC Act, there should be an allegation that a public servant demanded and accepted illegal gratification.
However, in this case, the alleged demand for a bribe was made by the IUML Committee, and there was no case or allegation that the petitioner had ever made any demand from anybody for doing any act or forbearing to do any official act. The allegation was that the Manager of the school approached the Poothapara Branch Committee of the IUML to get Plus Two course to the School, and the demand for a bribe was made by the office bearers of the committee.