Supreme Court halts CBI probe against CM aide
Hyphen Web Desk
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The Supreme Court has issued an interim stay on the Kerala High Court's directive for the Central Bureau of Investigation to register a First Information Report against K.M. Abraham, the Chief Principal Secretary to Kerala Chief Minister Pinarayi Vijayan, in a case concerning alleged disproportionate assets.
A bench comprising Justices Dipankar Datta and Manmohan passed the order while hearing a special leave petition filed by Abraham. The court also issued notices to the CBI, the Kerala government, and petitioner Jomon Puthenpurackal, seeking their responses.
Abraham's legal counsel contended that under Section 17A of the Prevention of Corruption Act, a prior sanction is mandatory before initiating an FIR against a public servant. They argued that the High Court's order bypassed this requirement, rendering the directive procedurally flawed. The state government supported this stance, asserting that the investigation lacked the necessary legal sanction.
The Kerala High Court, on April 11, had directed the CBI to investigate allegations that Abraham amassed assets disproportionate to his known sources of income during his tenure as Additional Chief Secretary in the Finance Department. The court's decision was based on a petition filed by activist Jomon Puthenpurackal, challenging a 2017 Vigilance Court order that accepted a closure report from the Vigilance and Anti-Corruption Bureau.
The High Court criticised the VACB's investigation, stating it lacked credibility and failed to inspire public confidence. It highlighted that the preliminary inquiry and other materials suggested Abraham possessed movable and immovable properties not commensurate with his known income. Consequently, the court deemed it appropriate to entrust the investigation to the CBI.
The properties under scrutiny include an apartment in Mumbai valued at ₹3 crore, another in Thiruvananthapuram worth ₹1 crore, and a shopping complex in Kollam estimated at ₹8 crore. Abraham has denied these allegations, asserting that the assets were acquired through legitimate means, including loans and family inheritance.
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