CMDRF misappropriation: Lok Ayukta division bench rejects review petition, full bench to hear case on June 5

Thiruvananthapuram: A division bench of the Lok Ayukta rejected the review petition against its decision to transfer the CMDRF misappropriation case to a full bench.

The division bench comprising Justice Cyriac Joseph and Justice Harun-Ul-Rashid slammed the petitioner RS Sasikumar for baseless arguments without supporting evidence.

This implies that the full bench comprising three judges will consider the alleged CM's Distress Relief Fund misuse case involving Chief Minister Pinarayi Vijayan and his cabinet colleagues.

"We are not here to pronounce a verdict in fear. Allegations and controversies do not affect the case," the division bench observed. The Lok Ayukta also read out its oath during the hearing.

Meanwhile, the full bench hearing of the case was rescheduled to June 5 on Wednesday. The Lok Ayukta also mocked the petitioner stating that it was in no hurry to hear the case either. The petitioner had asked the Lok Ayukta to advance the hearing by a day on Tuesday.

On Tuesday, Lok Ayukta criticised the complainant RS Sasikumar saying he was discrediting the institution. Lok Ayukta judge Justice Cyriac Joseph even compared Sasikumar to a rabid dog and criticised the complainant for giving statements to the media regarding the case.

The Lok Ayukta had faced criticism after it referred its verdict in the case to a full bench (comprising three judges) last week. Justice Cyriac Joseph and Justice Harun-Ul-Rashid stated 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.

The two-member bench of the Lokayukta, which had completed all its hearings in the case, gave its verdict last Fridayafter a year and this long delay had come under fire.

It was also noted that the verdict would have been delayed further if the petitioner not approached the Kerala High Court seeking its intervention.

The full bench is likely to hear the case from the start. It will also consider if the Lok Ayukta is competent enough to take up the case involving a decision of the state cabinet.

The case

Public activist RS Sasikumar had filed the case in 2018, alleging misuse of the funds in the CMDRF.

He had alleged that the money was given to those who were not eligible for relief. While a sum of Rs 25 lakh was granted to the family of NCP leader Uzhavoor Vijayan, the family of former Chengannur MLA KK Ramachandran Nair was given Rs 8.5 lakh. The family of a policeman who died in a car accident while accompanying former CPM state secretary Kodiyeri Balakrishnan was given Rs 20 lakh as relief.

The plea to the anti-corruption ombudsman was filed by Sasikumar in September 2018 and the hearing ended on March 18, 2022.

All this comes at a time when Governor Arif Mohammed Khan continues to sit on the Bill that tweaked the powers of the Kerala Lok Ayukta.