Years
A bench of Justices Dipankar Dutta and Manmohan gave the verdict while hearing the appeal filed by Abraham. The court has issued a notice to the CBI, Kerala government and the complainant asking them to respond on the issues raised in Abraham’s appeal.
The Supreme Court has stayed the order of the Kerala High Court in which the Central Bureau of Investigation (CBI) was directed to register and investigate an FIR against KM Abraham, Chief Principal Secretary of Kerala Pinarayi Vijayan in the disproportionate assets case. A bench of Justices Dipankar Dutta and Manmohan gave the verdict while hearing the appeal filed by Abraham. The court has issued a notice to the CBI, Kerala government and the complainant asking them to respond on the issues raised in Abraham’s appeal.
Representing Abraham, senior advocate R Basant argued that the FIR filed under the Prevention of Corruption Act was procedurally invalid. Basant supported his claim by citing Section 17A of the Act, according to which it is mandatory to take prior permission from the competent officer before registering an FIR against a government employee. According to spring, no such permission was taken in the case of Abraham. The Kerala High Court on April 11 directed the CBI to take an investigation into their hands on the basis of a petition filed by activist Joman Puthenpurkala. The High Court said that Abraham has disproportionate assets, including an apartment of Rs 3 crore in Mumbai, a flat of Rs 1 crore in Thiruvananthapuram and Rs 8 crore shopping complex in Kollam.
Vigilance and Anti -Corruption Bureau had earlier investigated the case, but the High Court found their investigation incredible and said that it would “do not instill faith in people.” As a result, the High Court insisted that a central agency like CBI is required to ensure fair and fair investigation. Additionally, the court criticized the 2017 decision of the Investigation Commissioner-cum-Special Judge in Thiruvananthapuram, who dismissed the original complaint against Abraham.
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