The Supreme Court on Tuesday stayed the 2021 Kerala High Court Judgment that had invalidated the First Information Report (FIR) against Dr. Jacob Thomas, Former Director General of Police (DGP) of Kerala, in the dredger scam case, where he stands accused of involvement in tender rigging.
A division bench of Justice Abhay S. Oka and Justice Sanjay Karol granted the stay on the FIR.
Earlier, in February 2022, the Supreme Court had issued a notice in an appeal filed by Santhyan Naravoor, who had instigated the FIR against Thomas. The FIR was registered by the Vigilance and Anti-Corruption Bureau (VACB) under Section 13(1)(d)(ii) read with Section 13(2) of the Prevention of Corruption Act, 1988 and Section 120B of the Indian Penal Code.
In 2021, the Kerala High Court had quashed the FIR against Thomas, noting that the decision to accept the tender from M/s IHC Merwede had been made collectively by the Department Purchase Committee, which included three government representatives. The High Court also found that the FIR against Thomas lacked necessary allegations or facts.
A single-judge Justice R. Narayana Pisharadi of the High Court had emphasized that the court’s power under Section 482 of the CrPC should be exercised judiciously and sparingly, though circumstances could warrant its use for substantial justice.
The bench observed that attributing culpability based on a collective decision made by a group of public servants would be unfair to single out and prosecute only one individual for corruption when it was a joint decision. Such selective targeting would imply malice on the part of the investigating officer.
The Case
Dr. Jacob Thomas, an IPS officer in the Kerala Cadre, previously served as the Director General of Police (DGP). During his tenure as Director of Ports from 16.09.2009 to 17.03.2014, allegations arose concerning irregularities in the purchase of a cutter suction dredger for the Ports Department.
Following an inspection by the Additional Chief Secretary (Finance) at the Directorate of Ports, an FIR was lodged against Thomas by the VACB. The FIR invoked Section 13(1)(d)(ii) read with Section 13(2) of the Prevention of Corruption Act, 1988 and Section 120B of the Indian Penal Code.
The central accusation against Thomas revolved around the procurement of a cutter suction dredger from M/s IHC Merwede at a significantly higher cost, disregarding a lower tender submitted by M/s BEML.
The Supreme Court’s stay on the Kerala High Court’s 2021 decision has put the case back into focus and awaits further proceedings.
