R BALAKRISHNA PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) Heard Mr. T. V. Prabhakaran and Mr. T. Ravikumar for the appellant; Mr. P. Gopalakrishnan Nair for the first respondent and Mr. Antony Dominic for the third respondent.

(2.) This Writ Appeal is directed against the judgment of C. S. Rajan, J. in OP 7862 of 1998 dated 15-6-1998 dismissing the Original Petition filed by the appellant to quash Ext. P 1 authorising Mr. Kallada Sukumaran, Director General of Prosecution (third respondent herein) as Special Public Prosecutor to conduct the prosecution in the Court of Special Judge at Ernakulam in the cases charged in connection with Crime No. 455/Cr/88 investigated into and charge-sheeted by the Special Squad for Idamalayar Investigation, Trivandrum. The said appointment was made by the Government of Kerala in exercise of the powers conferred by sub-section (8) of S. 24 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') and in supersession of the Notification No. 18507/SSA2/97/Home dated 15-4-1997. The reason for quashing Ext. P1 has been stated as bitter animosity of Mr. Kallada Sukumaran against the appellant, Mr. R. Balakrishna Pillai, a former Minister under the Government of Kerala.

(3.) Though the case was registered as Crime No. 455/CR/88 by the special Squad of the Police as per the order of the Government consequent on the recommendation of the Enquiry Commission (Justice Sukumaran Commission of Inquiry) appointed by the Government on 21-12-1985 to probe into the reasons and allied matters on the crack noticed in the power tunnel of the Idamalayar Hydro Power Project during the trial-run on 15-7-1985 and later registered as CC1 of 1991 before the Special Judge (Idamalayar Investigation), the case has not reached its finality and one party or the other is litigating in court. The legal battle is still on.