Disproportionate Assets: Kerala High Court Stays Vigilance Case Against KM Shaji For Three Months, Says Prima Facie Pre-Cognizance Sanction Required

The Kerala High Court on Wednesday stayed the vigilance case relating to amassment of disproportionate assets against the Indian Union Muslim League leader and former MLA K.M. Shaji, for a period of three months. 

Justice Ziyad Rahman A.A. passed the interim order, observing that the Special Judge at Kozhikode had invoked his jurisdiction under Section 156(3) Cr.P.C. without obtaining sanction from the government.

Shaji is accused of offences under Sections 13 of the Prevention of Corruption Act, 1988 (hereinafter, 'P.C. Act'), that pertains to criminal misconduct by a public servant. 

It was contended by Advocates Babu S. Nair and Smitha Babu on behalf of the petitioner that the FIR against him was registered on the basis of an order passed by the Special Judge on a private complaint submitted by a lawyer M.R. Harish (3rd respondent herein). The counsel averred that even for referring a complaint for investigation under Section 156(3), sanction under Section 19 of the P.C. Act would be mandatory, as had been laid down in Anil Kumar & Ors. v. M.K.Aiyappa & Anr. (2013). Further, the counsel submitted that the necessity of sanction at the pre-cognizance stage had also been reiterated by the Court in several other decisions such as C.V. Balan & Ors. v. State of Kerala & Ors. [2023 LiveLaw (Ker) 94], and others, which had not been followed in the present case. 

On the other hand, the Special Public Prosecutor argued that the said decisions were only rendered in respect of the cases registered prior to the amendment made to the provisions of the P.C.Act in the year 2018 and, thus, could not be made applicable to the facts of the present case. 

The Court was of the prima facie view that the legal position as laid down by the aforementioned decisions would continue in force. 

"I could not find any specific provision in the amended Act enabling the Special Judge to invoke the jurisdiction under section 156(3) of the Cr. P.C without the sanction, contrary to the legal proposition laid down in the above mentioned decisions. In this case, admittedly, the learned Special Judge invoked jurisdiction under Section 156 (3) of Cr. P.C, without obtaining any sanction from the Government," the Court observed while passing the interim order in the case. 

Another Singe Bench of the High Court had earlier quashed the proceedings initiated by the Vigilance and Anti Corruption Bureau against Shaji in connection with the plus two bribery case.

Case Title: K.M. Shaji v. State of Kerala & Ors. 

Click Here To Read/Download The Order