MR Ajith Kumar case: Kerala Government to move HC against Vigilance Court’s observations on CM

Thiruvananthapuram: The Kerala government has received legal advice to move the High Court against certain remarks made about Chief Minister Pinarayi Vijayan in an order by the vigilance court in Thiruvananthapuram. The remarks were part of an order in the illegal assets case against ADGP M R Ajith Kumar, which carried sharp remarks targeting the CM.

In a report filed to the Vigilance Director, the Legal Adviser has recommended moving a plea in the High Court to have these remarks expunged and stay further proceedings in the case. Vigilance Director Manoj Abraham has since forwarded this report to the Home and Vigilance Secretary for further action.

Legal experts have also pointed out that the Vigilance court ordered a probe in violation of repeated Supreme Court judgments, as well as without obtaining a sanction for prosecution from the government. The Supreme Court had recently stayed several such cases from various states that failed to comply with these requirements.

Remarks against Chief Minister
Among the questions raised in the Vigilance court order were: How could the Chief Minister approve a clean chit report that is allegedly illegal? What exactly was the Chief Minister’s role in this report? Is administrative intervention permissible in a vigilance inquiry?

The controversy stems from a statement made by former Vigilance Bureau Director Yogesh Gupta, who defended the clean chit given to ADGP Ajith Kumar by stating that the vigilance had accepted the inquiry report and ‘that the above decision has the approval of the Chief Minister.’

Taking note of this, the court questioned the involvement of those holding constitutional posts in the inquiry against a high-ranking police officer. While acknowledging that the vigilance department functions under the control of the Chief Minister, the court made it clear that this authority is limited to governance and does not extend to interference in any investigation.

The court further observed that the decisions on whether one person had committed an offence must be strictly based on legal provisions and not on administrative approval. It also asked whether it could be assumed that the government would have approved the report if the findings had been unfavourable.

Ajith Kumar set to move HC
Meanwhile, ADGP Ajith Kumar is preparing to approach the High Court in this case. Sources indicate that he has already consulted senior lawyers and is likely to demand the cancellation of the vigilance court order, arguing that it is inconsistent with the Supreme Court’s directives.