Justice Nair was initially named as the third accused in an FIR registered by the Perinthalmanna police. The complaint was filed by Danimon, President of the Angadippuram Kisan Service Society (KSS), which was an implementing agency in the scheme
Kerala: The Kerala High Court on Tuesday (25th Feb) officially recorded a statement from the State’s prosecution office confirming that former judge Justice CN Ramachandran Nair will be removed from the list of accused in the CSR fund scam case.
The Bench, comprising Justices A Muhamed Mustaque and P Krishna Kumar, directed the State investigating agencies to act on this statement and ensure that Justice Ramachandran Nair is not treated as an accused in the case.
“Today a statement handed over to the Director General of Prosecution has been placed before us. We record the same. In such view of the matter, the investigating officer shall act upon that statement and do the necessary to exclude the former judge of this Court from the array of accused,”
the Court stated in its order.
The Court also directed the State’s Home Department to consider creating guidelines on how to handle cases where judges are named as accused. The Court emphasized that such cases have serious consequences and can impact public trust in the judiciary.
“No one is above the law but at the same time we are also of the view that if such persons (judicial officers or judges) are implicated in a crime, it affects the credibility of the institution and would shake the confidence of the public … We also request the Home department of the State to consider devising guidelines for registering such cases,”
the Court said.
The order was passed following a writ petition filed by five lawyers who challenged the FIR registered against Justice Ramachandran Nair. During the hearing, the Bench clarified that while judges are not above the law, the mere filing of a case against them can have serious consequences for the judiciary.
“People may criticise that judges are not above the law. That is correct. But by the time a case against a judge is decided, there will be far-reaching implications for the judiciary,”
the Bench remarked.
The judges also pointed out that media reporting plays a role in such cases but clarified that media houses cannot be blamed for covering such news.
Director General of Prosecution TA Shaji suggested that the media should be advised not to sensationalize such sensitive cases.
“It is not a question of special treatment for judges. Such cases can have far-reaching consequences for the reputation and credibility of the judiciary,”
Justice Mustaque observed.
He further noted that even the police may face challenges in deciding how to proceed in such matters.
“Supreme Court may be able to fix some criteria for dealing with such cases,”
he added.
Background Of CFSR Fund Scam
The CSR fund scam is a large-scale fraud case involving allegations that Ananthu Krishnan deceived several individuals and charitable organizations by falsely claiming that he could provide goods such as two-wheelers, laptops, sewing machines, and home appliances at half the market price using CSR funds from private firms.
Krishnan, who posed as the coordinator of the National NGO Confederation, allegedly approached multiple charitable organizations with this fraudulent offer. These organizations then helped him identify beneficiaries and contributed funds, believing his claims. However, the police later discovered that these promises were fraudulent.
Several police stations in Kerala have received complaints from victims of this scam.
Justice Nair was initially named as the third accused in an FIR registered by the Perinthalmanna police. The complaint was filed by Danimon, President of the Angadippuram Kisan Service Society (KSS), which was an implementing agency in the scheme. The complaint alleged that the NGO Confederation, along with its office bearers, misappropriated Rs 34 lakh from KSS between April and November 2024.
The FIR listed Justice Nair as an accused in his role as a patron of the National NGO Confederation. The charges were filed 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 was named as the second accused as the Chairman of the NGO Confederation, which itself was listed as the first accused.
The five petitioners, who are practicing lawyers at the Kerala High Court, argued that the FIR was based on false and baseless allegations. They stated that Justice Nair had no active role in the NGO and his involvement was purely symbolic.
They further claimed that the FIR did not establish any legal grounds for implicating the retired judge, making the police action an abuse of power aimed at damaging the judiciary’s reputation.
“Moreover, arraying a retired judge as an accused without a proper legal basis poses a threat to judicial independence and sets a dangerous precedent,”
their plea stated.
Additionally, the lawyers pointed out that the police failed to conduct a preliminary inquiry before registering the FIR, which violates Supreme Court guidelines and Section 175 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
Citing constitutional protections under Article 21, they urged the Court to quash the FIR against Justice Nair.
Following the Court’s intervention, the investigation agency was directed to exclude Justice Nair from the list of accused persons, as per the prosecution’s statement.
Since the FIR was registered, Justice Nair has strongly denied the accusations. He stated that he was never a patron of the NGO Confederation and had only served as a legal advisor. He also clarified that he had severed ties with the organization a long time ago.
Justice Nair has been in the news recently due to his appointment by the Kerala government as the head of an inquiry commission investigating the Munambam land dispute.
After the FIR was registered, High Court lawyer Kulathoor Jaisingh wrote to the Chief Minister requesting that Justice Nair be removed from this commission.
Several other prominent figures have been named in various police complaints related to the CSR scam. These include MLA Najeeb Kanthapuram and Congress leader Laly Vincent. The Kerala High Court recently granted interim protection from arrest to Vincent.
Additionally, an NGO led by BJP leader AN Radhakrishnan has also been named in some complaints.
With the Kerala High Court’s latest directive, the focus now shifts to how the State government and police handle high-profile cases involving members of the judiciary and political figures in the future.
[Case Title: Saijo Hassan & Ors v. State of Kerala & Ors]
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