THIRUVANANTHAPURAM: The new directive of the Vigilance not to name the officials or individuals in FIR until the charges against them are proven has kicked up a row as the decision drew widespread flak from the social activists.
Vigilance Director and DGP Loknath Behera has ordered his officers not to name the accused merely based on complaints and could enter names only after the chargesheets are prepared. He had also instructed the officers to mention as ‘unknown’ in FIRs.
According to D B Binu, RTI activist and senior lawyer, the order is in violation of Supreme Court verdict and it should not be implemented.
“It is a clear violation of the apex court order. If the decision is implemented, it will naturally become contempt of court. As per the Supreme Court guidelines in Lalithakumari case, the Vigilance can register a case if cognisable offences were revealed in a petition.
Under the law, the identity of the accused, as well as the victim, could be hidden in sensitive cases only. For instance, a case which could affect the security of the nation or a case which could reveal the identity of a minor in a sexual harassment case,” Binu said.
He said the details of the accused have to be published on the website once the FIR is registered as per law. So hiding the details of the accused while receiving the complaint is a clear cut violation of court order, Binu added. Binu said he would take up the issue soon.
Payichira Navas, an activist who often files complaints to the Vigilance against VIPs said the vigilance is ‘immersed’ in corruption.