'Serious Allegations Maligning Entire Judiciary' : Kerala High Court Refuses To Stay FIR Against Advocate Saiby Jose In Bribery Case

The Kerala High Court on Monday refused to stay the FIR registered against the Kerala High Court Advocates Association President, Advocate Saiby Jose Kidangoor, over allegations that he has collected money from clients under the pretext of bribing High Court judges.

At the outset, the Court asked him why he has moved the Court in hurry within two days of registering the FIR.

A bench of Justice Kauser Edappagath asked the Senior Advocate S. Sreekumar, appearing on behalf of the petitioner, why the petitioner was in a hurry and why he couldn't face investigation. 

"The allegations on the face of it are very serious. It is something that is maligning the entire justice delivery system", it orally observed. 

The Court went on to observe, "You are an officer of this Court and an office bearer of a responsible institution, it is also your responsibility to prove your innocence and remove the shadow that has been cast on the entire justice delivery system". 

Senior Advocate S. Sreekumar submitted before the Court today that the petitioner was not attempting to run away, but that the complainant was the commissioner of police. To this the Court replied that it was based on the High Court Registrar's information to the the State Police Chief that the investigation was subsequently carried out. 

"Even going by your plea, a preliminary enquiry was conducted by the High Court Vigilance and then by the Police and the Police thought it necessary to register the FIR. Further probe has started and on the very next day, you rush to Court?", it questioned. 

The Court was of the firm view that the plea was a premature one. 

"It is premature, you come after filing the final report. If this had been the final report, I would have admitted it and stayed it, but this is too early.  I'm not going to admit, no interim order either. Let the truth come out. Let the investigation happen", Justice Edappagath said.

The Counsel submitted that the general public had also been affected by the media and social media regarding the matter. "Media and Social Media have been twisting facts. We are all being influenced by the media also", it was submitted by the Senior Counsel. 

To this, the Court responded that even if such allegations may be true, the plea was still premature. 

The Court thus directed the prosecution to get instructions in the matter. The matter has been posted to next week. It has also refused to pass the interim order prayed for.

Advocate Saiby, who is facing allegations of having taken money from clients in the name of bribing judges, had approached the Kerala High Court seeking to quash the FIR that had been registered against him, and to stay all further proceedings. The Ernakulam Central Police Station had registered the FIR against Advocate Saiby, by invoking offences under Section 7(1) of the Prevention of Corruption Act, 1988 and Section 420 of the Indian Penal Code. The FIR had been registered with the approval of the State Police Chief.

It had been averred in the plea filed by Advocate Saiby that a group of three or four lawyers had concocted a false complaint to the Registrar General who in turn informed the State Police Chief to investigate the matter. The State Police Chief had directed the City Commissioner of Police to conduct a preliminary enquiry. However, it has been averred that no concrete evidence had been brought out to inculpate the petitioner in the offence. It has been submitted that all the persons mentioned in the complaint had been summoned by the Commissioner of Police, and their statements had been recorded. However, the petitioner submits that none of those statements had revealed anything against the petitioner so as to justify the allegations levelled against him by the lawyers.

Despite the same, the petitioner averred that due to the unwarranted involvement of media persons and a group of three or four lawyers who had personal enmity towards the petitioner, the crime was registered against him.

The petitioner added that with the registration of the FIR, his entire career had been spoilt.

"Added to it, the media, both print and visual, had given several fake news items against the petitioner for the reason they have a long standing grudge towards the petitioner, as there was clash and dispute between media and lawyers and the privileges enjoyed by the mediamen were taken away on the intervention of the Kerala High Court Advocates' Association, on the initiation of the petitioner and others", the petitioner averred.

It is on this basis that the petitioner has approached the High Court with the plea.

"A perusal of the entire allegations in the FIR shows that there are absolutely no ingredients to attract the sections either for committing any such offences either under Section 7A of the Prevention of Corruption Act or Section 420 IPC. No cognizable offence is prima facie made out against the petitioner for investigating the matter, this matter falls under the rarest of the rare case where the petitioner was falsely implicated by a group of three or four lawyers and the police, and is therefore liable be quashed", the plea states.

The petitioner is represented by Senior Advocate S. Sreekumar, and Advocates K. Anand, Babu S. Nair, M.R. Nandakumar and Martin Jose P.

Case Title: Saiby Jose Kidangoor v. The State Police Chief & Ors.