A three-member full bench of the Lokayukta unanimously reached the conclusion that there was no evidence to prove that the CMDRF was misused.
Published Nov 13, 2023 | 8:01 PM ⚊ Updated Nov 13, 2023 | 8:01 PM
The sign board to Kerala Lokayukta which functions in the state assembly building in Thiruvananthapuram (South First)
In a major relief to Kerala’s ruling LDF government, the state Lokayukta on Monday, 13 November, rejected a case filed against Chief Minister Pinarayi Vijayan and most of his colleagues in his first-term Cabinet, accusing them of nepotism and misuse of the Chief Minister’s Disaster Relief Fund (CMDRF).
A full bench of the Kerala Lokayukta unanimously concluded that there was no evidence to prove that the CMDRF was misused.
The ruling in the case was eagerly anticipated in the state’s political circles ever since the anti-corruption body concluded its hearing in the case in March of last year.
Because two of the body’s justices disagreed at that time, the Lokayukta submitted the case to a three-member bench for a final decision in April of this year. Now, all three have found there was no merit in the case, giving much relief to Vijayan and many of his LDF colleagues.
“There is no proof that the CMDRF funds were misappropriated. The CM has the authority to grant up to ₹3 lakh from the relief fund. There is no evidence that the grant was politically motivated,” concluded the bench.
The bench comprising Lokayukta Justice Cyriac Joseph, Upa Lokayuktas Babu Mathew P Joseph and Justice Harun Ul-Rashid pronounced the long-awaited verdict at around 5 pm on Monday.
The final verdict was crucial for Vijayan. Any adverse remark from the ombudsman would have led to his resignation as per the provisions of the Kerala Lokayukta Act, 1999.
The verdict was also crucial as he was the only one among the accused who still holds a constitutional position.
The case took on political dimensions last year when the government moved a Bill amending the Lokayukta Act in the state Assembly, curtailing the powers of the anti-graft body.
The Bill sought to remove the clause that the the chief minister and ministers had to resign if faced with any adverse remarks by the Lokayukta.
It also envisaged that the Lokayukta could only make recommendations to the competent authority, which could accept or reject them.
The older, 1999 Act is still in force as Governor Arif Mohammad Khan has not approved the amended Bill.
In 2018, RS Sasikumar, a former Kerala University Syndicate member, filed a complaint against Vijayan and his then-17 Cabinet colleagues, alleging misuse of the CMDRF. Among them, only Vijayan is still in office.
In his petition, Sasikumar accused the chief minister of nepotism and misuse of power by diverting funds from the CMDRF to clear the debts of two prominent LDF leaders, and a police officer attached to the security detail of the then-CPI(M) state secretary, the late Kodiyeri Balakrishnan.
He wanted the money to be recovered from the families of the two leaders, apart from disqualifying the chief minister for misusing his position.
The petitioner said the money was provided to ineligible people. Families of late CPI(M) legislator from Chengannur KK Ramachandran Nair, late Nationalist Congress Party (NCP) state president Uzhavoor Vijayan, and policeman P Praveen, who was killed in a road accident while escorting Balakrishnan, had received the funds.
Sasikumar claimed that ₹25 lakh from CMDRF was provided to meet the educational expenses of Uzhavoor Vijayan’s children. He also brought to the Lokayukta‘s notice the appointment of Nair’s son as an assistant engineer.
The complainant also said ₹8.5 lakh from CMDRF was paid for redeeming the pawned gold of Nair’s wife and settling his car loan.
An amount of ₹20 lakh was paid from CMDRF to the wife of the city police officer who died when the pilot vehicle of Balakrishnan met with an accident. This solatium was in addition to providing her with a government job, the petitioner argued.
Though the arguments were completed last year, the verdict was delayed. The Lokayukta delivered the split verdict after the petitioner had approached the Kerala High Court, which directed the ombudsman to expedite the process.
Early this month, the high court dismissed a petition seeking an order directing the CBI to take over the case.
Incidentally, KT Jaleel, the higher education minister in the first Pinarayi Cabinet, had to quit following a Lokayukta verdict, which held him guilty of misusing power.
The hearing in the case was held from 5 February to 18 March, 2022. According to the rules, the verdict should be delivered within 30 days of the culmination of the hearing.
In extraordinary circumstances, it could be stretched by another 15 days. However, the verdict was indefinitely delayed, following which the petitioner approached the high court.
Sasikumar, the petitioner, has vowed to fight the case all the way to the Supreme Court of India. He claimed that the government was in control of the Lokayukta.
