KOCHI: The Kerala High Court has imposed a cost of Rs 10000 to an organisation that filed a petition seeking to entrust the investigation to the Crime Branch or constitute a Special Investigation Team (SIT) to probe Kodakara black money case.
The court directed the petitioner --- Isacc Varghese, state president, All Kerala Anti-Corruption and Human Rights Protection Council, Palakkad, to deposit the amount in the account created for helping the children suffering from rare diseases within one month. If the petitioner failed to pay the amount the State Police Chief, was directed to address the District Collector, Thrissur, to take action under the provisions of the Kerala Revenue Recovery Act, 1968.
The High Court recently directed an organisation -- Hindu Sevakendram, Ernakulam -- to deposit Rs 25000 in the account while dismissing their petition challenging quota for minorities.
While dismissing the petition in Kodakara case, the court observed that the instant writ petition, filed without ascertaining the truth, and the factum of change of investigation, was to be done by the SIT. Hence, it was liable to be dismissed with costs.
The petitioner alleged that though an FIR was registered, the police has not conducted any investigation in the matter. The investigation discloses that the actual amount was more than Rs.25 lakhs and it was a hawala transaction. An amount of Rs.1 Crore and gold ornaments worth Rs.5 lakhs were already recovered by the police from the accused. It is reported that the actual amount could be Rs.3.50 Crores and the money was meant for BJP Assembly Election Campaigning. While the initial complaint was of theft of Rs.25 lakhs, there are allegations that the car was actually carrying cash worth crores of rupees. Several office bearers of a national party were summoned and interrogated, but nobody was arrested till date, except the accused involved in the execution of the robbery, the petitioner submitted.
The government submitted that the state police chief had already issued an order on May 5, 2021, constituting an SIT to conduct the probe. Without verifying as to whether, the government has given due consideration to the nature of crime and investigation, and the appropriate orders issued, constituting a Special Investigation Team, as early as on May 21, the petitioner, claiming himself to be the State President of All Kerala Anti Corruption and Human Rights Protection Council, a State-wide Organisation, having its registered office at Palakkad, has filed the instant petition, submitted P Narayanan, Senior Government Pleader.
"Merely because certain persons, allegedly belonging to BJP, a national party, were summoned and interrogated, but then nobody was arrested, does not lead to a conclusion that persons summoned should be arrested and that, therefore, there is no progress in the investigation. Arrest depends upon the incriminating
material available against those summoned and it is for the Investigating Officer, to consider as to whether the arrest is required or not," observed the court.
The petition was filed on June 9, one month after the date issuing order constituting SIT in the case. The petitioner has not made any verification about the course of investigation but made bald allegations in the writ petition, observed the court.