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"Premature Petition": Kerala High Court Dismisses Plea For Probe By Central Agency Into PV Anwar MLA's Corruption Allegations Against ADGP
Manju Elsa Isac
5 Sept 2024 12:58 PM IST
The Kerala High Court dismissed the petition seeking an investigation by a central agency into the allegation made by MLA P. V. Anvar against the Additional Director General of Police (Law & Order) M. R. Ajith Kumar at the first instance itself. The Division Bench comprised of Acting Chief Justice A. Muhamed Mustaque and Justice S. Manu noted that the petition was premature.On August 30,...
The Kerala High Court dismissed the petition seeking an investigation by a central agency into the allegation made by MLA P. V. Anvar against the Additional Director General of Police (Law & Order) M. R. Ajith Kumar at the first instance itself. The Division Bench comprised of Acting Chief Justice A. Muhamed Mustaque and Justice S. Manu noted that the petition was premature.
On August 30, a recorded phone call between the MLA belonging to the ruling front and Pathanamthitta Superintendent of Police was leaked to the media. There was some allegation against the ADGP in the conversation. A day after the phone call was leaked, the MLA made various allegations against the ADGP. He said that the ADGP was involved with a gold smuggling gang in Dubai and with their information, his team seized gold from smugglers at Karipur airport. He only reported a fraction of the gold seized and kept the rest with him.
He also alleged that the gang linked with ADGP had a hand in murdering Ridan Basil, whose body was found with bullet wounds in 2023. It was said that he might have had a hand in getting more people killed. Other allegations were also raised against the officer. It was said that the officer helped in acquitting several politicians from the Solar Scam case. He is also said to be tapping phone calls of various politicians and ministers. The Minister alleged that the SP told him that the ADGP is powerful as he has a close connection with the Political Secretary of the Chief Minister.
The Chief Minister on August 2 ordered a probe into the allegations made by the MLA. The petitioner said that the investigation is delayed and not progressing. He added that the police cannot investigate fairly against a senior police officer. Therefore, he sought an investigation by the central agency.
The Special Government Pleader submitted before the Court that the petitioner was making an allegation that the investigation was not proper even before the investigation agency conducted its first meeting or started the investigation. The Counsel termed the petition as a 'Publicity Interest Litigation'.
The Court while dictating the order observed that the writ petitioner approached the court even before the investigation agency had a chance to investigate the allegations.
Case Number: WP(C) 31458/ 2024
Case Title: George Vattakulam v State of Kerala and Another
Citation: 2024 LiveLaw (Ker) 560