Kerala High Court Stays Trial Against ADGP Ajithkumar In Alleged Disproportionate Assets Case

The Kerala High Court on Wednesday (August 27) stayed the proceedings pending before the Enquiry Commissioner & Special Judge, Thiruvananthapuram in an alleged disproportionate asset case against Additional Director General of Police (ADGP) M.R. Ajith Kumar.

The ADGP, currently holding the post of Excise Commissioner, had approached the High Court challenging the order of the Special Judge rejecting the clean chit given to him after Vigilance Enquiry. The proceedings were launched last year following corruption and hawala allegations leveled against the ADGP by former Nilambur MLA P.V. Anvar and on a private complaint lodged by one Neyyattinkara P. Nagaraj.

The Court noted that in the last paragraph of the impugned order, the Special Judge had observed that the complaint was one fit to be proceeded with as per the procedure under Section 233 of the BNSS (Bharatiya Nyaya Sanhita), 2023.

In the operative part of the order, the Special Judge noted that "...(2) A private complaint without attaching a sanction from the competent authority, alleging offences punishable under the Prevention of Corruption Act, 1988 (amended Act 2018) by a public servant would be maintainable before the Special Judge constituted under the Act to try the offences under the Act, 1988..."

On perusing the same, Justice A. Badharudeen observed:

"Even though the Special Judge decided to proceed with the complaint by recording statements of the complainant and witnesses, the learned Special Judge did not reach the stage of cognizance. On perusal of the order and as per the settled law, the procedure seems to be illegal prima facie."

The Court, therefore, felt that this aspect has to be heard in detail.

Further noting that an officer lower in rank to the ADGP had looked into the allegations against him, the Court orally opined:

"The officer himself facing the allegations is a higher officer, how can a lower officer investigate? How can a lower officer question that? He has to salute him...Mockery behind the investigation...Senior is on allegation, junior investigating is not fair." 

In the interim order granting stay, it further observed:

"It is seen that as far as the Vigilance Enquiry report is concerned, the observation made by the learned Special Judge stating that the report is at the instance of an officer who is below the rank of the petitioner is having a prima facie sustenance."

Though the de facto complainant P.V. Anvar had sought to implead himself as the additional 3rd respondent in the case, the Court deferred consideration of the petition to the next posting since copies were not served to the parties.

The case would be considered again on September 12. The stay would operate till then.

The petition is moved by Advocates R. Anil, Sujesh Menon V.B., Thomas Sabu Vadakekut, Mahesh Bhanu S., Ressil Lohan, Ananth Krishna K.S., George Vinci Jose. The petitioner is represented by Senior Advocate B. Raman Pillai.

The 1st respondent was represented by the Director General of Prosecution.

Case No: Crl.MC 7741/2025

Case Title: M.R. Ajithkumar v. State of Kerala 

Click to Read/Download Order