STATE OF KERALA Vs. BALAKRISHNA PILIAI

JUDGEMENT

(1.) This Revision Petition by the State of Kerala is directed against an Order of the Special Judge (Idamalayar Investigations) Ernakulam, declining consent to withdraw from prosecution of sixth accused in CC1/91. Twenty two persons were charged with offences punishable under S.120-B, 161,409,420,430,301 and 201 read with S.109 of the Indian Penal Code, and also under S.5(2) read with S.5(1)(c) & (d) of the Prevention of Corruption Act. The allegation was that respondents, 1, 2 and 5 to 13 entered into a conspiracy to award a contract to the remaining accused, with a view to benefit themselves and the contractors, causing loss to the State Exchequer. Accused No.1 was the Minister for Electricity; A4 the Power Secretary, and A2, A5 and A7 to A13 other public servants, at the material time.

(2.) The Public Prosecutor in charge of the case, moved Crl. M.P.No.79/92 to withdraw from the prosecution against the sixth accused. The Leader of Opposition in the Kerala Legislative Assembly, Shri. V.S. Achuthanandan sought impleadment in that petition, claiming an interest in the matter. The court below neither allowed, nor refused impleadment. Yet, accepting the contentions of the non party, consent was refused. Shri.V.S. Achuthanandan filed Crl.M.P.No.2449/92 before this Court, seeking impleadment in these proceedings.

(3.) Though withdrawal was sought on the ground of insufficiency of evidence, other grounds like considerations of public policy, and need to sustain the morale of the civil services, were pressed into service before this Court. According to the State Prosecutor, prosecution was launched out of political vendetta.