"Tarnishes Image Of Institution": Kerala High Court Expresses Concern Over FIR Against Former HC Judge CN Ramachandran Nair In CSR Scam Case

The Division Bench of Justice A. Muhammad Mustaque and Justice P. Krishna Kumar orally enquired whether the police had registered the FIR against the former judge with proper application of mind. The Court orally stated that registration of crime against a person who has held a constitutional office would affect the entire image of the institution.

Court said orally,"...By the time the damage will be caused to the institution among the public. who will repair that? You had to apply your mind. we are not concerned with x or y, its ultimately this will directly or indirectly tarnishing the image of the institution everyone must be aware of it. That we are concerned. We cannot take it lightly...See its a constitutional office held by a person... we know the kind of discussion that would generate in the media and the public...we are concerned about it...what is the kind of discussions happening around...everybody does not look at the individual but at the establishment..we want to know what basis, tell us if you have materials...this is directly or indirectly affecting the institution...."

The allegation states that the accused persons, namely, Ananthakumar and Ananthu Krishnan founded the National NGO Confederation and persuaded various voluntary organizations and local representatives to secure funds by claiming that they were procuring two-wheelers, laptops, sewing machines at half price. The allegation in the FIR states that the accused persons convinced everyone that the scheme was carried out by securing the remaining amount through CSR contributions from various companies.

The FIR was registered at Perinthalmanna police station in Malappuram district on February 02, 2025. The crime was registered alleging the commission of offences Sections 318(4) (cheating) and 3 (5) (offence committed in furtherance of common intention)of the BNS.

The FIR is registered based on a complaint filed by Danimon, who is the President of the Kisan Service Society (KSS) at Angadipuram in Malappuram. The FIR alleged that the accused persons cheated them by collecting amounts of over thirty four lakh rupees between April 2024 and November 2024 by promising to provide two-wheelers, laptops, and sewing machines at half price.

Senior Advocate George Poonthottam, submitted on behalf of the Petitioners that FIR was registered without even conducting a preliminary inquiry and is a violation to the Apex Court judgment in Lalitha Kumari v State of U.P. (2014).  It is also argued that the crime was registered against the retired justice without proper basis and that there is no evidence to prove that he was involved in any financial misconduct of the NGO. 

The plea stated, “Arraying a person of the status of Justice C N Ramachandran Nair as an accused in a crime of this nature can only be seen as a conscious attempt, hatched at some level, to destroy public confidence in the judicial system by projecting a false impression about judges who are or were part of the system. Therefore, the steps taken by police officer cannot be treated as an unintended act performed in the due discharge of his functions when, in fact, the action constitutes a deliberate attempt to destroy public confidence in the judicial system.”

The Court clarified that it is not admitting the matter at this stage, but is raising concerns because a person who has held a constitutional office has been named as an accused in an FIR, which could impact the reputation of the institution.

Court said, "Whatever the action from the police, if there is no application of mind and causing the damage to the reputation of individual and institution, we cannot allow it. that is all our concern."

The Court has thus sought instructions from the Director General of Prosecutions, T A Shaji regarding the registration of crime against the retired judge and whether the crime was registered after careful consideration of sufficient evidence.

The matter has been posted after two weeks. 

The PIL has been moved by Advocates Philip J Vettickattu, Neenu Bernath, Saju S Dominic

Case Title: Saijo Hassan v State of Kerala

Case No: WPC No. 6572/2025