JOMON PUTHENPURACKAL Vs. LOK AYUKTA

JUDGEMENT

(1.) Petitioner in this original petition is the complainant in Complaint No. 804/2001 before the Kerala Lok Ayukta. He has filed this original petition challenging the order of the Lok Ayukta passed on 17/10/2001 in the said complaint. The facts leading to the original petition are as under.

(2.) The complainant is a person who claims to be a public interested human rights activist. He filed the complaint before the Kerala Lok Ayukta alleging as follows.

(3.) Although the petitioner challenges Ext.P4 itself, in the course of arguments, counsel for the petitioner confined his arguments for deletion of the observations against the petitioner as found in the order of the Lok Ayukta quoted above. Counsel would argue that for the purpose of the disposal of the complaint, such observations about the petitioner personally was uncalled for and, therefore, are liable to be expunged. In support of his contention, learned Counsel for the petitioner relies on the decision of the Supreme Court in State of Uttar Pradesh v. Mohammad Naim . He relies on the law laid down by the Supreme Court in the matter of making of disparaging remarks against persons or authorities whose conduct comes into consideration before courts of law in cases to be decided by them, in paragraph 10 of the said decision. Learned Counsel submits that tested by the principles laid down by the Supreme Court in that judgment, the observations made by the Lok Ayukta in Ext.P4 while dismissing the complaint was totally unnecessary and uncalled for and is liable to be expunged.