The Kerala High Court raised concerns about the impact of registering an FIR against former judge Justice CN Ramachandran Nair in a CSR fund scam, questioning the petitioners’ motives and legal basis.
Kerala: The Kerala High Court on Tuesday (Feb 18th) expressed concerns over how the registration of a first information report (FIR) arraying former judge Justice CN Ramachandran Nair as an accused in the CSR fund scam case will affect the image of the institution.
While hearing a plea filed by five lawyers challenging the registration of the case against the former judge, a bench of Justices A Muhamed Mustaque and P Krishna Kumar said,
“Is there any application of mind? That should be there at least. This affects people’s confidence in the judicial institution itself!“
Justice A Muhamed Mustaque, Justice P Krishna Kumar Justice A Muhamed Mustaque, Justice P Krishna Kumar Director General of Prosecution and Senior Advocate TA Shaji questioned the standing of the lawyers to file the petition, saying,
“They do not have all the facts. I am just stating this on the principle alone. If some observations are made while hearing this or any adverse order comes, it will affect the accused (Justice Nair). We do not know if he wants such a petition to be filed either.“
Justice Mustaque then said,
“We know the damage caused to this institution when some allegations are made against even lawyers of this court…who will repair the damage caused to the institution? We cannot take this lightly. This person held a constitutional office. We know the kind of discussion this would generate in the public. You are least concerned about it maybe, but we are concerned.“
The Court insisted on seeing the material on the basis of which the FIR was registered against Justice Nair. When Shaji said that the petitioners were not required to provide the material, the Court said,
“They are lawyers, officers of this Court. They are concerned about the image of this Court.“
The Court, however, stopped short of admitting the petition, and observed,
“A person who held a constitutional office being implicated in this manner affects the reputation of the institution. If there are some materials, we can understand. But if there is no application of mind, we cannot allow damage to be caused to the person or the institution.“
The multi-crore Corporate Social Responsibility (CSR) fund scam involves allegations that one Ananthu Krishnan defrauded several people and charitable societies by promising to deliver two-wheelers, laptops, sewing machines, and household appliances at half the market price. Krishnan would allegedly claim that he was procuring these items using CSR funds of several private firms.
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According to the police, Krishnan, claiming to be the coordinator of the National NGO Confederation, approached several charitable organisations with his fraudulent offer. These organisations in turn helped him to identify beneficiaries and pooled funds with him as well.
Police stations across Kerala have been flooded with complaints from those who were defrauded by Krishnan.
Justice Nair has been named as the third accused in an FIR registered by the Perinthalmanna police based on a complaint filed by one Danimon, who is the President of the Angadippuram Kisan Service Society (KSS), an implementing agency. As per the complaint, the NGO Confederation and its office bearers swindled Rs 34 lakh from KSS between April and November 2024.
The FIR names Justice Nair as an accused in his capacity as a patron of the National NGO Confederation. The FIR includes offences punishable under Sections 318(4) (cheating inducing delivery of property) and 3(5) (offence committed by several persons in furtherance of common intention) of the Bharatiya Nyaya Sanhita (BNS).
Krishnan has been named as the second accused as the Chairman of the Confederation as the first accused (National NGO Confederation).
The petition moved by the five lawyers, all of whom practice before the Kerala High Court, alleged that the FIR is based on a frivolous and unfounded complaint. Justice Nair’s involvement with the NGO was purely nominal, they argued.
It is also contended that the complaint itself does not disclose any cognizable offense against the retired judge and that the registration of the FIR is an abuse of power by the police, undertaken with the ulterior motive to undermine public confidence in the judiciary.
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“Moreover, arraying a retired judge as an accused without a proper legal basis poses a threat to judicial independence and sets a dangerous precedent,”
the plea stated.
The lawyers further argued no preliminary inquiry was conducted before registering the FIR, which violates the principles laid down by the Supreme Court and Section 175 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
Citing constitutional safeguards under Article 21, the lawyers sought to quash the FIR to the extent that it arrays Justice Nair as an accused.
The petitioner-lawyers were represented by Senior Advocate George Poonthottam and Advocates Philip J Vettickattu, Neenu Bernath, and Saju S Dominic.
Since the registration of the FIR against him, Justice Nair has publicly rubbished the allegations and stated that he was not a patron of the NGO Confederation. He has stated that he was merely a legal advisor and had severed all ties with the organisation some time ago.
Justice Nair has also been in the news recently as he was appointed by the State government to head an inquiry commission to look into the Munambam land dispute.
Following the registration of the FIR, High Court lawyer Kulathoor Jaisingh had written to the Chief Minister requesting that Justice Nair be removed from the Commission.
Several other prominent individuals have been named as accused in the scam in complaints filed at various police stations. These include Member of the Legislative Assembly (MLA) Najeeb Kanthapuram and Congress leader Laly Vincent. The latter was recently granted interim protection from arrest by the Kerala High Court.
An NGO headed by BJP leader AN Radhakrishnan has also been named in some complaints.
Case Title – Sajio Hassan & Ors v. State of Kerala & Ors
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