Kerala HC grants relief to MR Ajith Kumar, expunges Vigilance Court’s remarks against CM Pinarayi Vijayan

Thiruvananthapuram: In a major development, the Kerala High Court on Friday granted relief to ADGP M R Ajith Kumar in the disproportionate assets case, while also removing the Vigilance Court’s controversial remarks against Chief Minister Pinarayi Vijayan and the Chief Minister’s Office (CMO).

Justice A Badharudeen held that the observations made by the Vigilance Court regarding the Chief Minister were inappropriate and unnecessary, and therefore ordered that they be expunged. The state government had approached the High Court seeking the removal of these remarks, arguing that they were unwarranted and had no relevance to the case.

‘Sanction mandatory for probe against Ajith Kumar’

The High Court also ruled that any Vigilance inquiry or prosecution against Ajith Kumar cannot proceed without prior sanction from the government, reaffirming a crucial procedural requirement under the Prevention of Corruption Act.

With this, the High Court set aside the Vigilance Court’s earlier order that had cancelled the clean chit granted to Ajith Kumar by the Vigilance and Anti-Corruption Bureau (VACB).

Ajith Kumar had challenged the Vigilance Court’s decision, arguing that the court had acted without adequately examining the VACB’s inquiry report. The High Court partially accepted his arguments, reiterating that courts must first ensure government sanction before proceeding against a public servant, whether at the pre-cognisance or post-cognisance stage.

Further action only with government approval

The High Court clarified that if the Vigilance intends to continue its investigation into the allegations of illegal assets, government approval is a mandatory prerequisite.

Meanwhile, complainant Neyyatinkara P Nagaraj has stated that he will move the Chief Secretary seeking sanction for prosecution.