Vellappally Natesan
The order was passed on a 2020 petition filed by M S Anil of Cherthala, seeking a thorough and effective vigilance investigation by a special team headed by an honest and efficient officer. After hearing the matter in detail, the court noted that Section 2(c)(xii) of the Prevention of Corruption Act defines as a public servant any person who is an office-bearer or employee of an educational, scientific, social, cultural or other institution that receives or has received financial assistance from govt, a local authority or another public authority. Justice A Badharudeen answered the legal question while considering a petition relating to the alleged microfinance fraud involving office-bearers of the SNDP Yogam. During the hearing of Anil’s petition, the question of prosecution sanction arose following instructions from the additional chief secretary of the backward classes department that no sanction was required, as the accused, who were office-bearers of the SNDP Yogam, were private individuals and did not fall within the definition of public servants. The court observed that there could be no doubt that the office-bearers of the SNDP Yogam fell within the definition of public servants. However, it held that prosecution sanction was neither possible nor required, as they had not been appointed by any govt authority and could not be removed by one. The court thus upheld the additional chief secretary’s stand on the question of sanction.
The court also directed S Sasidharan, superintendent of police, VACB, who is the investigating officer, to retrieve the final reports from the authority to which they had been submitted for prosecution sanction and file them before the special courts within two weeks.
Meanwhile, the court expressed its “extreme displeasure” over an additional observation made by the additional chief secretary while stating that prosecution sanction was not required. Describing her approach as akin to being “more royalist than the King”, the court also criticised the state govt for the delay in the case, noting that the proceedings had remained stalled for more than 10 years. Kochi : The high court has held that prior govt sanction is not required to prosecute office-bearers of the SNDP Yogam, including Vellappally Natesan, in the alleged microfinance fraud case under the Prevention of Corruption Act, even though they fall within the definition of ‘public servants’, as they are neither appointed nor removable by any govt authority.