KOCHI: The cash-for-verdicts scam, that spotlighted the alleged illicit activities of lawyer Saiby Jose Kidangoor, has taken a new turn. A petition has been filed with the Registrar of Kerala High Court seeking a probe into how anticipatory bail pleas filed by the accused in a case registered under the SC/ST (Prevention of Atrocities) Act through Saiby was taken up for hearing without issuing notice to the de facto complainant in the case.
After the scandal came to light, Justice Ziyad Rahman A A recalled his earlier ruling on the bail petition, observing that it was an order issued not only in violation of statutory provisions but in violation of the principles of natural justice. “This court passed the order without taking note that, no such notice was served upon the affected parties. In such circumstances, the order passed by this court is liable to be recalled in the light of the principles laid down by the Hon’ble Supreme Court,” said the order issued on January 23.
In their complaint to the Registrar, V R Mohanan and T Babu of Ranni, Pathanamthitta, said Justice Raja Vijayaraghavan had clearly stated that the accused in a case registered under SC/ST Act cannot directly file bail pleas in HC. It had said that only a special court constituted under section 14 of the Act can have jurisdiction to entertain an application for bail. The HC only has appellate jurisdiction in such matters.
The complainants sought an investigation into how these guidelines were violated. The probe should ascertain whether the officer, who sent the files without citing any defect, is part of a ‘bail mafia’. A case could not be filed without impleading the complainant in the case under the SC/ST Act. What happened is beyond comprehension, they said.
The complainants also sought a probe into lapses on the part of the prosecutors and exemplary action against the culprits. Based on the preliminary inquiry by the city commissioner into the allegations against Saiby, the police are likely to file an FIR for a detailed probe. The police have received legal opinion in this regard.