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HC Dismisses Plea for FIR in Pattoor Land Grab Case

Court observes that it was not a fit case to be entertained as PIL at the instance of the petitioner whose complaint on the same allegation was pending before the Lok Ayukta

Published: 21st February 2015 06:00 AM  |   Last Updated: 21st February 2015 03:30 AM   |  A+A-

KOCHI: The Kerala High Court on Friday dismissed a petition seeking a directive to the Vigilance and Anti-corruption Bureau (VACB) to register First Information Report (FIR) based on the investigation report by Vigilance ADGP Jacob Thomas in the Pattoor land grab case. A Division Bench comprising Acting Chief Justice Ashok Bhushan and Justice A M Shaffique passed the order on a petition filed by social activist Joy Kaitharam.  The Bench observed that it was not a fit case to be entertained as ‘public interest litigation at the instance of the petitioner, whose complaint on the same allegation was pending before the Kerala Lok Ayukta (KLA).

hc.JPGThe State Government submitted that the Kerala Lok Ayukta had rejected the plea of the petitioner to implead the Chief Minister and former Revenue Minister and to issue notice to them.

“The only objective of the petitioner is to raise issues for other purposes, including publicity.” “The KLA admitted the complaint and initiated further steps, hence there is no need to entertain the petition.  The preliminary inquiry report and the clarification report submitted by Jacob Thomas are all confidential information for the purpose of the KLA Act, which cannot be allowed to be used by the petitioner.  However, the KLA and the Upa lok ayukta had expressed displeasure over the publishing of the report in the media even before it was opened before the court.”   The Bench pointed out that the confidential report given to the court is for the purpose and object of the KLA Act. “The value and correctness of the investigation report is yet to be pronounced, since the complaint is still pending before the KLA,” the court observed.

The Bench also observed that the complaint filed by the petitioner was admitted by the KLA, and that it was proceeding with the matter.

“The KLA has every power to take appropriate action on the complaint, including the jurisdiction to order initiation of prosecution or prosecution for false complaint,” the Bench held.

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