Ensure Competent Officers Are Posted In Vigilance & Anti-Corruption Bureau: Kerala High Court Tells Authorities

The Kerala High Court recently observed that the Director General of Police and the Director of the Vigilance and Anti-Corruption Bureau (VACB) must ensure that competent officers are posted in the VACB.Justice A. Badharudeen was considering a petition challenging the vigilance proceedings initiated against two government officials for an alleged case of demand of bribe. The prosecution had alleged that the petitioners had demanded a bribe of 30.4.2025 and 07.05.2025 from the de facto complainant for fixation of land value for assignment of 12 cents of property. However, the petitioners' counsel argued that the report, which fixed the land value at a high amount of around Rs. 45 lakhs, was submitted before the alleged demand for bribe, on 15.04.2025. Thus, he contended that it was improbable that the petitioners demanded bribe and that the prosecution case was baseless.The Investigating Officer in the case had incorporated Section 15 of the Prevention of Corruption (Amendment) Act, 2018 against the petitioners, after deleting the offence under Section 7(a). Section 15 of the Act lays down the punishment for attempt to commit an offence under Section 13(1)(a), i.e., dishonest or fraudulent misappropriation of property entrusted or under the control of a public servant. Section 7(a) relates to the offence by a public servant of obtaining or accepting or attempting to obtain any undue advantage from any person with the intention to perform or cause performance of public duty improperly or dishonestly or to forbear or cause forbearance to perform such duty either by himself or by another public servant.The Court noted that the offence under Section 15 would not be made out from the facts of the case and since Section 7(a) was deleted, there was nothing left to investigate. It remarked that there was a fundamental error on the part of the Investigating Officer in incorporating the offences.It observed: “The proceedings would throw light on a grave mistake as far as the fundamental fact of the case is concerned and should not have happened from officers dealing with offence under the Corruption law, as the same have serious and dangerous ramifications. These aspects are to be seriously considered while posting officers in the Vigilance and Anti-Corruption Bureau (VACB) hereafter…Registry is directed to forward a copy of this order to the Director General of Police, and the Director, Vigilance and Anti-Corruption Bureau, Thiruvananthapuram, for information and for ensuring posting of competent officers in VACB hereafter.”The Court also thought it proper to implead the de facto complainant as an additional respondent in the case in order to consider the petitioners' prayers.The case is posted on October 15 (Wednesday).Case No: Crl.MC No. 7557 of 2025Case Title: Sudhi P.D. and Anr. v. State of Kerala and Ors.Counsel for the petitioners: V. Sethunath, Thomas Abraham, Sreeganesh U., Lakshminarayan R., Gautham Krishnan K.G.Click to Read/Download Order

Ensure Competent Officers Are Posted In Vigilance & Anti-Corruption Bureau: Kerala High Court Tells Authorities

K. Salma Jennath

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