V RAMAN KUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) A sitting judge of this Court is sought to be prosecuted, not for anything done after he was appointed as a Judge or while he was discharging his duties as a Judge of the High Court, but for alleged grave irregularities, said to have been committed more than ten years back, in respect of Government cases, when he functioned, for a short period, as Government Pleader. Government did not then pursue the Government Pleader after he resigned from office and the Government did not now accord sanction to the petitioner to prosecute him.

(2.) The petitioner, claiming that he is a freedom fighter, a recipient of political pension, and a social worker, states that he came to know in 1984 about the grave irregularities committed in 1972-74 and "promptly" filed a complaint before the Chief Judicial Magistrate Court, Ernakulam, alleging that the accused had committed an offence under S.166 of the Indian Penal Code. Of course, he has no case that the Government Pleader handled any case in which he was personally interested or affected, or that any injury was caused to him directly except the injury to the social worker in the cause of public welfare for the vindication of public rights. He also stated that no sanction was required under S.197 of the Code of Criminal Procedure, but as a matter of abundant caution took steps to obtain sanction also. He moved the Chief Secretary on 15th November, 1984, enclosing a copy of the complaint already filed and stating thus:-

(3.) The Government passed an order thus:-