No Allegation Of Any "Demand": Kerala High Court Quashes Proceedings Against Ex-MLA KM Shaji In Plus Two Bribery Case

The Kerala High Court on Thursday quashed the proceedings initiated by the Vigilance and Anti Corruption Bureau against Indian Union Muslim League (IUML) leader and former MLA K M Shaji, in connection with the plus two bribery case.

A single bench of Justice Kauser Edappagath quashed the FIR as it was of the view that no prima facie case was made out against Shaji:

“I conclude that the allegations made in Annexure A FIR and the evidence collected in support of the same, even if believed in toto, do not prima facie disclose a cognizable offence or make out a case against the applicant. Hence, no purpose will be served in proceeding with the matter further. Accordingly, all further proceedings against the petitioner pursuant to Annexure A FIR are hereby quashed.”

Shaji is alleged to have taken a bribe of Rs. 25 lakhs from the Manager of Azhikode Higher Secondary School, Kannur in 2014-15 for sanctioning Plus Two Course in the school. The Vigilance and Anti Corruption Bureau registered an FIR against Shaji under Sections 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 in connection with the bribery allegations.

Adv Babu S Nair appearing for Shaji argued that the prosecution prima facie failed to make out any case against Shaji from the material produced. He also contended that the crime was registered on the insistence of a local CPI (M) leader which shows that it was riddled with political vendetta. On the other hand, Adv. Gracious Kuriakose appearing for the VACB argued that the allegations of criminal misconduct against Shaji were serious and the FIR ought not to be quashed.

The court observed that manager of the school had specifically denied the allegations and stated that the management did not pay any money to the petitioner. It also observed that the allegations for demand of bribe was only made against the Poothapara Branch Committee of the Indian Union Muslim League and not against Shaji. The court held that Section 7 or 13(1)(d) of the PC Act, would not be attracted in this case as there are no specific allegations that a public servant demanded and accepted illegal gratification:

“There is no allegation, either in the complaint given by the defacto complainant or in the FIR or the statement of any of the witnesses, that the petitioner has ever made any demand. It is settled that demand for illegal gratification by the accused is a pre-requisite for constituting an offence under sections 7 and 13(1)(d) of the PC Act.”

The High Court noted that it needed to be ‘extremely cautious and slow’ in interfering with any investigation or trial. However, the court observed that in this case it must step in to prevent an abuse of the process of the court:

“However, when it is convinced beyond any manner of doubt that FIR or the final report does not disclose the commission of any offence or the allegations contained in the FIR or the final report do not constitute any cognizable offence or that the prosecution is barred by law or where a criminal proceeding is manifestly attended with malafides or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance or that it is necessary to interfere to prevent abuse of the process of the court, the High Court is entitled to quash the FIR or the final report under the exercise of its wholesome power under section 482 of Cr.P.C.”

Case Title: K M Shaji V State of Kerala

Citation: 2023 LiveLaw (Ker) 191

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