Kochi: In a major relief for the LDF government, the Kerala High Court on Friday expunged the derogatory remarks made against Chief Minister Pinarayi Vijayan by a Special Vigilance Court in its order on the disproportionate assets case involving ADGP M R Ajith Kumar. Justice A Badharudeen overruled the special court’s observations while considering a plea moved by the state government. A detailed order is awaited.

The government approached the High Court in August based on legal advice.

The State had specifically sought to set aside the order and expunge the disparaging and adverse remarks made in paragraphs 77 to 81, 91 to 97 and 106 to 110.

In those paragraphs, the Special Judge had observed that the state machinery had not conducted the vigilance inquiry in accordance with the procedure established by law and had violated precedents set by the Supreme Court.

The court also commented that the manner of inquiry suggested an attempt to disprove the allegations.

“The facts of the case suggest that there is an invisible penetration by someone into the inquiry that leads to the preparation of a report favourable to the suspected officer, who holds a high position in the police department. The inquiry report is a subservient report prepared for those who need reports like the present one... Furthermore, the inquiry was not conducted according to the procedure established by law. Even the Hon’ble Supreme Court judgment was violated. The inquiry officer attempted to collect evidence only to find facts that would disprove the allegations, rather than conducting an inquiry into whether the allegations would reveal the commission of a cognizable offence,” the Special Judge had stated.

The Special Judge had also criticised the inquiry for deputing an officer subordinate to the one under investigation:

“The question is how a subordinate officer can conduct a free and fair inquiry when the allegations have been raised against a superior, top-ranking official? Another question is whether the subordinate officer can take an independent decision in this matter?”

The Special Court initiated proceedings against Ajith Kumar in 2024 after former MLA P V Anvar raised allegations of corruption and hawala transactions against him. A separate complaint by Neyyattinkara P Nagaraj also accused the officer.

Following the allegations, the government ordered a vigilance probe against the ADGP, who is currently serving as Excise Commissioner. Although the Vigilance Report gave him a clean chit, the Special Court decided to proceed against him.

However, Ajith Kumar then moved the High Court, challenging the order. On Friday, the High Court single bench quashed the special court’s order seeking further inquiry.

Special Court's Remarks against Chief Minister
The Vigilance Court had also raised questions such as: How could the Chief Minister approve a clean chit report that was 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 by former Vigilance Director Yogesh Gupta, who defended the clean chit by saying that the Vigilance had accepted the 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 an inquiry against a high-ranking police officer. While acknowledging that the Vigilance Department functions under the administrative control of the Chief Minister, the court clarified that this authority does not extend to interference in investigations.

The court further noted that decisions on whether someone has committed an offence must be based solely on the law, not on administrative approval. It also questioned whether the government would have approved the report if the findings had been unfavourable.

(With Live Law inputs)