Supreme Court.
Credit: PTI File Photo
New Delhi: In a relief to K M Abraham, a former IAS officer and the chief principal secretary of Kerala Chief Minister Pinarayi Vijayan, the Supreme Court on Wednesday stayed a High Court order to the CBI to file an FIR and start probe against him in connection with a disproportionate assets case.
"We stay the Kerala High Court order," Justices Dipankar Datta and Justice Manmohan said.
The court also issued notice to the CBI, Kerala government and the complainant-activist Jomon Puthenpurackal, after hearing appeal filed by Abraham. Senior advocate R Basant for Abraham contended that an FIR under the Prevention of Corruption Act cannot be registered without the mandatory sanction under Section 17A of the law.Acting on a petition by Puthenpurackal, the Kerala High Court ordered the CBI to file an FIR and start probe against Abraham in connection with the disproportionate assets case.
Holding that the CBI probe was necessary, the HC had said since Abraham had held a Cabinet rank, an investigation by the State Vigilance and Anti-Corruption Bureau would not instill public confidence. The High Court also said that the vigilance, while conducting a preliminary inquiry, into the property of Abraham, had deliberately excluded the acquisition of his asets and reduced the substantial value of his assets, with the intent to protect him.
Earlier, a special court at Thiruvananthapuram had rejected the complainant's plea for a probe into the allegations of disproportionate assets against Abraham, citing lack of evidence.