THE VIGILANCE & ANTI CORRUPTION BUREAU, DIRECTORATE, THIRUVANANTHAPURAM Vs. NEYYATTINKARA P. NAGARAJ AND ORS.

JUDGEMENT

(1.) Sri. V.S. Achuthanandan, the 8th respondent herein, filed a petition before the Director of Vigilance regarding the disclosure made by the 9th respondent herein Sri.Biju Ramesh in certain T.V. Channels that the 12th respondent herein Sri.K.M. Mani, the Finance Minister, has demanded 5 crores as illegal gratification to facilitate the renewal of Bar licence, and obtained 1 crore from the members of the Kerala Bar Hotel Owners' Association during the period between 20.03.2014 and 03.04.2014 and thereby, the 12th respondent committed criminal misconduct.

(2.) As the 6th respondent Sri.V.S. Sunilkumar, MLA has felt that the matter was not being properly investigated into, he approached this Court through W.P.(C)No.29856 of 2014 seeking the registration of a crime by the Vigilance Department. The Writ Petition was disposed of by this Court on 03.12.2014 with a direction to the Director of Vigilance to take a decision for registering an FIR or not in accordance with the provisions of the Code of Criminal Procedure and in tune with the decision of the Apex Court in Lalitha Kumari v. Government of U.P. And others, 2014 2 SCC 1 rendered by the Constitution Bench.

(3.) It seems that even prior to the above direction of this Court, the Director had, on 04.11.2014, ordered a quick verification by the Dy.S.P. Vigilance and Anti-Corruption Bureau, Southern Range, Thiruvananthapuram in the matter. The said officer submitted a report on 06.11.2014 recommending a detailed investigation in the matter. The report was forwarded to the Director. Consequently, the Director, VACB, on scrutinising the quick verification report, directed the Superintendent of Police, Vigilance and Anti- Corruption Bureau(SIU-1) to register a vigilance case for the offences under Sections 7 and 13(1)(d) of the Prevention of Corruption Act and to conduct an investigation.