"Misuse" of disaster relief fund: Kerala Lokayukta refers matter to a larger bench

The Kerala Lok Ayukta on Friday issued a split verdict on the alleged CMDRF misuse case involving Chief Minister Pinarayi Vijayan and his cabinet colleagues, and referred the matter to a larger bench.
"Misuse" of disaster relief fund: Kerala Lokayukta refers matter to a larger bench

Thiruvananthapuram | The Kerala Lok Ayukta on Friday delivered a split verdict on the alleged CM's Distress Relief Fund misuse case involving Chief Minister Pinarayi Vijayan and his cabinet colleagues, and referred the matter to a larger bench.

In the order pronounced today, Lok Ayukta Justice Cyriac Joseph and Justice Harun-Ul-Rashid said the matter was being referred to a larger bench as there was a difference of opinion over whether the decisions of the cabinet can be subjected to its investigation and also on the merits of the case.

"As there is difference of opinion between us on the basic issue whether the action of respondents 2 to 18 in taking the impugned decisions as members of the Cabinet can be subjected to investigation under the provisions of the Kerala Lok Ayukta Act, 1999 and on the merits of the allegations raised by the complainant, we are constrained to place this complaint for investigation by the Lok Ayukta and both the Upa-Lok Ayuktas together as required under Section 7(1) of the Kerala Lok Ayukta Act, 1999," the order said.

However, the opposition Congress and BJP attacked the Left government and the CM, claiming that there was a prima facie case against Vijayan.

Leader of the Opposition in the state Assembly, V D Satheesan, said the credibility of the anti-corruption body has been affected with the split verdict.

"This order has affected the credibility of the anti-corruption body. This order came a year after the completion of the hearing in the case. The people have lost their faith in the anti-corruption body. Higher judiciary should intervene in the matter." The hearing of the case was concluded a year ago, he said.

Indian Union Muslim League (IUML), a key constituent of the opposition UDF, said the final verdict was not out.

"The Lok Ayukta issued a split verdict on whether it can hear the matter or not. The final verdict is not out. The UDF had earlier itself alleged that there were irregularities in the CMDRF fund usage," IUML leader P K Kunhalikutty said.

Meanwhile, BJP state chief K Surendran sought the resignation of chief minister Pinarayi Vijayan and alleged irregularities and nepotism in spending the Chief Minister's Relief Fund.

"One judge of the Lok Ayukta has made it clear that the CM has committed the crime. We just need to know what technical issue was pointed out by the second judge. The CM is clinging to the post as he is power-hungry," Surendran told the media.

Lok Ayukta had in 2019 January admitted a complaint alleging the misuse of the Chief Minister's Distress Relief Fund (CMDRF) filed by one R S Sashi Kumar.

The complaint alleged "favouritism" in sanctioning financial aid from the fund to NCP leader late Uzhavoor Vijayan, former CPI(M) MLA, late K K Ramachandran Nair and to the family of Praveen a civil police officer who died in an accident while undertaking escort duty for ruling CPI(M) state secretary Kodiyeri Balakrishnan.

The complainant sought disqualification of the CM and the other ministers for misusing the fund.

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