GIRISH BABU G. Vs. DIRECTOR OF VIGILANCE

JUDGEMENT

(1.) Petitioner claims that, he is a law abiding citizen and is not an active worker of any political party. According to him, he got information that, during the period of demonetization, on 15.11.2016, one Abdul Sameer, Director of a Printing and Publishing Company which runs a Malayalam daily newspaper had deposited Rs.10 Crores in the current banking account of the above daily in a nationalized bank at Market Road Branch, Ernakulam. It was also alleged that, several Crores of rupees were also deposited in the current banking account of the above newspaper in Kaloor branch of another bank. It was alleged that both the above transactions were done in a dubious and questionable manner and the source of such amounts were not disclosed. It was further alleged that, to his information, these transactions were benami transactions of a former Minister who was also the Director and Chairman of the above newspaper. According to the petitioner, the former Minister had utilized the bank accounts of the above newspaper for depositing the illegal money generated by him by misusing his official position as the Minister. It was further contended that, one of the accused in V.C.No.1 of 2019, registered in relation to the corruption in the construction of a flyover in Ernakulam, had disclosed to the media that the above Minister was involved in that transaction. To support this, an additional statement filed by the investigating officer in a bail application arising from that crime was produced as Ext.P2. It was stated that, though he had complained to the first and second respondents by submitting Ext.P1 complaint, no effective steps were taken.

(2.) In the above circumstances, the writ petition was filed. The petitioner, interalia, prayed for a writ of mandamus or order directing the first respondent to direct the second respondent to conduct investigation on the allegations raised in Ext.P1 complaint.

(3.) Pursuant to the notice taken by the learned Special Government Pleader for the Vigilance, case was posted for instructions. DySP VACB filed a statement dated 12.11.2019 reporting that V.C.No.1/19/EKM was being investigated. Ext.P1 complaint was also being enquired into. It was further submitted that, regarding the alleged involvement of the former Minister, approval under section 17A was sought in V.C.No.1 of 2019 and orders were awaited. On 15.11.2019, learned counsel for the petitioner submitted that, he had submitted a complaint to the Enforcement authorities also. Since the complaint disclosed allegations of illicit money transactions, corruption and money laundering, petitioner was directed to bring on record the concerned authorities. Accordingly, the Joint Director of Enforcement Authority was impleaded as the third respondent by order dated 05.12.2019 in I.A.No.1 of 2019. Learned Additional Solicitor General of India took notice for additional R3 and sought time for instructions.