The Excessive Courtroom has rejected the plea of former Public Works Secretary TO Sooraj to quash the case in opposition to him within the Palarivattom bridge rip-off. Justice Narayana Pisharody’s order rejected Sooraj’s rivalry that the case was registered in opposition to him with out prior permission.
The court docket mentioned that if the preliminary inquiry is allowed on the premise of a authorities order, then no particular permission is required to register the case. The Chief Minister, who can be accountable for vigilance, gave permission for the probe on the premise of a letter from the Public Works Minister asking for an inquiry in opposition to the officers. The choice of a minister is the choice of the federal government. The Extra Chief Secretary of Vigilance directed the Director of Vigilance to research on the premise of the Authorities choice. Petitioner’s rivalry that the inquiry was not permitted on this case is untenable. The court docket additionally rejected the argument that the governor didn’t have permission for the investigation. The court docket dominated that beneath Article 166 of the Structure, authorities choices are made within the identify of the governor and due to this fact don’t require particular permission.
If authorities officers are allowed to make use of public cash for their very own achieve, it can’t be seen as part of official responsibility. The court docket dominated that the good thing about the brand new modification to the Prevention of Corruption Act couldn’t be claimed. Director Common of Prosecutions TA Shaji mentioned that the Chief Minister had directed the federal government to probe the Palarivattom bridge rip-off and therefore the allegation that the federal government didn’t have prior permission for a preliminary inquiry based mostly on the federal government’s directive was baseless.
The court docket upheld Vigilance’s declare that the case in opposition to Sooraj was registered with the permission of the federal government. Vigilance mentioned that Sooraj was not the accused on the time of submitting the case and that he was accused as a result of his position within the rip-off was clear. The Anti-Corruption Act was not amended on the time of the crime. Vigilance identified that the petitioner couldn’t declare retrospective impact and that the Excessive Courtroom had its personal judgment within the matter.
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