Misuse Of CMDRF: Kerala HC Refuses To Stay Lokayukta Decision Against CM Pinarayi Vijayan To Full Bench

The Kerala High Court on Monday refused to stay the Lokayukta’s order referring the case against CM Pinarayi Vijayan and former Ministers to a Full Bench comprising the Lokayukta and both the Upa-Lokayuktas., in alleged misuse of funds in the Chief Minister Disaster Relief Fund (CMDRF).

A division bench of Acting Chief Justice S.V. Bhatti and Justice Basant Balaji clarified that the petition was not being dismissed but would be heard next week.

The petitioner, R.S. Sasikumar, complained to the Lok Ayukta about the State Government’s decisions in:

first, providing financial assistance to the family of late Uzhavoor Vijayan by sanctioning a total amount of Rs.25 lakhs from the CMDRF towards his medical expenses and the educational expenses of his two children; and second, sanctioning necessary amount from the CMDRF for clearing the arrears of loans taken by late Advocate K.K.Ramachandran Nair, MLA, from Government recognized institutions and providing a government job to his son; and

Finally, the CMDRF sanctioned a financial aid of Rs.20 lakhs to the legal heirs of late Civil Police Officer P. Praveen, who died in a motor accident while performing escort duty for the late Kodiyeri Balakrishnan, former Home Minister and State Secretary of CPI (M). It was also claimed that the respondents lacked integrity in carrying out their responsibilities as public servants.

After ruling in favor of the complainant on the issue of maintainability, members of the Lok Ayukta and Upa Lokayukta resigned, and appointments were made to fill the vacancies. The case was reserved for orders on March 18, 2022, following an extensive hearing that covered all of the points.

However, after a year had passed since the matter was reserved for orders, the petitioner approached the High Court, alleging that the delay in passing the order had resulted in a loss of faith in the machinery of Lokayukta, as evidenced by a significant reduction in cases before the entity over the years.

Following that, on March 31, 2023, the Lokayukta passed an order referring the case to a Full Bench for consideration. The petitioner then approached the Court again, this time seeking a stay of the said order.

The matter has been scheduled for further consideration on June 7, 2023.