Kochi, Sep 11 (IANS): The Kerala High Court on Friday came down heavily on the state government over the delay in granting prosecution sanction in the long-pending SNDP microfinance fraud case, questioning whether the repeated lapses were deliberate and aimed at delaying prosecution.
Justice A. Badharudeen expressed extreme displeasure after the Additional Chief Secretary, Backward Classes Development Department, who appeared personally before the court, said she had received the case files only on Thursday.
The court had directed last month that the question of prosecution sanction be considered.
However, the Special Public Prosecutor for Vigilance submitted that due to a communication gap, the files could be placed before the Additional Chief Secretary only late Thursday evening.
The court was informed that the files had now been transferred to the officer and that action would be taken within a week.
Justice Badharudeen made it clear that the government could not again cite non-receipt of the files as a reason for delay.
He directed that a decision be taken before the matter comes up on September 18.
“If the order is failed to be produced, the Chief Secretary would have to appear personally, the court warned.
The judge also took strong exception to the state’s explanation that the failure was a mistake.
“A mistake may happen to anybody,” the court observed, but said repeated lapses could not be treated as mistakes and could indicate intentional actions with ulterior motives.
It went further to question the alleged selective approach of the prosecution.
“Why are you saving certain accused from prosecution and moving against certain accused that you are not in good terms with?” the judge asked the state.
Justice Badharudeen said such a biased attitude could not be accepted, particularly in serious cases involving persons of public standing.
“These are all dilatory tactics being played,” the court observed, warning that the matter would be viewed seriously.
The case relates to the alleged irregularities in the microfinance scheme associated with the SNDP Yogam.
The Vigilance and Anti-Corruption Bureau had registered multiple cases in connection with the allegations involving SNDP office-bearers, including General Secretary Vellappally Natesan, and former managing directors of the Kerala State Backward Classes Development Corporation.
The High Court was hearing two petitions filed in 2020 seeking an SIT headed by an efficient officer to investigate the cases.
The matter will come up again on September 18.
