Disproportionate assets case: Supreme Court stays order for CBI probe against Kerala CM top advisor

New Delhi: The Supreme Court on Wednesday stayed an order directing the CBI to file an FIR and start probe against the chief principal secretary of Kerala Chief Minister Pinarayi Vijayan in a disproportionate assets case.

A bench of Justices Dipankar Datta and Manmohan issued notice to the CBI, Kerala government and the complainant on an appeal filed by K M Abraham, a retired IAS officer and the CM's chief principal secretary.

Senior advocate R Basant, appearing for Abraham, submitted an FIR under the Prevention of Corruption Act cannot be registered without mandatory sanction under Section 17A of the law.

The Kerala High Court on April 11 ordered the CBI probe against Abraham on the plea filed by activist Jomon Puthenpurackal.

The high court observed a careful analysis of the preliminary inquiry report, other materials and Abraham's defence "prima facie indicated he possessed "movable and immovable properties disproportionate to his known sources of income".

The probe by the Vigilance and Anti-Corruption Bureau (VACB) in the matter, it said, wouldn't "instil confidence in the public" and the credibility of its enquiry was "doubtful".

Underlining a fair, honest and complete investigation to retain public confidence in the impartial working of the state agencies, the high court insisted on roping in the CBI to investigate the matter.

The high court in the process of handing over the probe the central probe agency, set aside a 2017 order of the enquiry commissioner-cum-special judge in Thiruvananthapuram, who rejected the petitioner's complaint against Abraham.

The order was "perverse and wholly unreasonable", it held.

The high court said the special judge ought to have appreciated the petitioner's contentions with regard to the various properties, worth crores, acquired by Abraham that were excluded from consideration by the VACB enquiry officer.

"The approach adopted by the Special Judge is not acceptable," it added.

The petitioner alleged Abraham, during service, acquired an apartment worth Rs 3 crore in Mumbai, another apartment worth Rs 1 crore at Thycaud in Thiruvananthapuram and constructed a three-storey shopping complex at Kadappakkada in Kollam district worth Rs 8 crore.

Abraham denied all the allegations.