Will Remove Former HC Judge From Array Of Accused In CSR Scam Case: Kerala Police To High Court

The Division Bench of Justice A. Muhammad Mustaque and Justice P. Krishna Kumar observed thus:

“Today, a written statement handed over to the Director General of Prosecution has been placed before us. We record the concluding portion of the written statement. In such view of the matter, the investigation officer is directed to act upon that statement and take necessary steps to exclude the name of the former judge of this Court Justice C.N. Ramachandran Nair (Rtd.), from the array of the accused in all crimes."

The Court affirmed that no one is above the law but emphasized the need for safeguards when arraying a person who has held a constitutional office, given the potential far-reaching consequences on the judiciary's image and the public's confidence in the system. 

It said, "No one is above law. But at the same time, we are also of the view that if such persons are implicated in a crime without there being any application ofmind, it affects the credibility and trust of the institution. and would shake the confidence of the public."

In the last hearing, the Court had directed the Director General of Prosecutions, T A Shaji to get instructions from the investigating officer. The Court had enquired whether the investigating officer had applied its mind before registering a case against a retired judge of the High Court.

The writ petition was closed based recording the written statement of the investigating officer that the former judge would be excluded from the array of the accused since the investigation was only in the preliminary stage and no concrete materials were available to array the former judge as an accused in the FIR. 

The allegation in the FIR stated that the main accused persons, namely, Ananthakumar and Ananthu Krishnan founded the National NGO Confederation and persuaded various voluntary organizations and local representatives to secure funds by claiming that they were procuring two-wheelers, laptops, sewing machines at half price. The allegation in the FIR stated that the accused persons convinced everyone that the scheme was carried out by securing the remaining amount through CSR contributions from various companies. The former judge was arrayed as third accused in the FIR registered at Perinthalmanna police station in Malappuram district.

The crime was registered alleging the commission of offences Sections 318(4) (cheating) and 3 (5) (offence committed in furtherance of common intention)of the BNS.

The writ petition was filed stating that FIR was registered against a former judge without any evidence and that it would tarnish the image of judicial system.

The PIL has been moved by Advocates Philip J Vettickattu, Neenu Bernath, Saju S Dominic

Case Title: Saijo Hassan v State of Kerala

Case No: WPC No. 6572/2025 

Citation: 2025 LiveLaw (Ker) 137

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