KOCHI: The ramifications of the ‘cash-for-verdicts’ scam are proving to be far-reaching. A judge of the Kerala High Court has recalled his earlier ruling in a bail case in which the petitioners were represented by the lawyer — Saiby Jose Kidangoor — in the eye of the storm.
Justice Ziyad Rahman A A issued the order on January 23 based on a petition filed by the victim in the case seeking recall of the judgment and a rehearing of the case. An investigation by the vigilance wing of the HC had exposed the lawyer, who allegedly took money from clients on the promise of favourable verdicts.
An advocate deposed before the vigilance wing that Saiby collected Rs 50 lakh from his clients
on the pretext of paying the amount to Justice Ziyad. When allegations against the lawyer surfaced, the de facto complainant in the case moved Justice Ziyad seeking to recall the order issued on April 29, 2022, granting anticipatory bail to two persons who were represented by Saiby. The case was registered with Ranni police station for offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. In the bail order, the court noted that though the notice of the bail application has been served on the de facto complainant, the advocate did not appear on his behalf.
Adv V Sethunath, who appeared for the complainant, submitted that no notice had been served to him. In fact, no notice was served from this court, the direction was to serve the notice through the police. The police did not serve any notice on the petitioner. From the case status, it can be seen that though the return notice date is May 20, 2022, the case was called on April 29, 2022, and an inquiry is to be conducted on this aspect, Adv Sethunath said.
“The petitioners misled the court on the facts, the law and the precedents of the Supreme Court and High Court. The application was disposed of without notice to them and therefore the same stands nullified,” he added.
‘Bail application disposed of without notice’
While recalling the order, the court said, “It is evident that the disposal of the bail application was without notice to the complainant.” The court said that as per Section 15A(3) of the SC and ST (Prevention of Atrocities) Act, 1989, a victim or his dependent shall have the right to reasonable, accurate and timely notice of court proceedings and the said public prosecutor or state government shall inform the victim about the proceedings. Issuance of an order without complying with the such mandate makes the order null, it said.
Justice Ziyad said, “It is an order issued not only in violation of provisions but is also against principles of natural justice. The court passed the order without taking note of the fact that no such notice was served upon the affected parties. In such circumstances, I am of the view that the order is liable to be recalled in the light of the principles laid down by the Supreme Court in Davinder Pal Singh Bhullar’s case cited supra.”The court added that the bail application has been restored into the file and posted for hearing.
COMPLAINANT’S MOVE
When allegations against the lawyer surfaced, the de facto complainant in the case moved Justice Ziyad seeking to recall the order issued on April 29, 2022, granting anticipatory bail to two persons who were represented by Saiby.