Kochi : The high court is set to hear arguments on whether prior sanction under the PC Act is required from the state govt to prosecute the accused persons in the alleged SNDP Yogam microfinance fund fraud case.
It was also argued that the accused persons are public servants as defined under Section 2(c)(xii) of the PC Act. Accordingly, the bench adjourned the petition to Sept 22.
Have they decided to rule the state according to their whims and fancies by selecting somebody to prosecute and excluding others from being prosecuted,” the court orally asked. Later, the state attorney appeared in the case and sought to argue the matter, submitting that he was authorised by the advocate general to appear in the case. The court further directed the investigating officer to produce copies of the final report/reports submitted seeking prosecution sanction. It further orally stated that while the state govt runs in one direction, govt officers move in the opposite direction. “Does it mean that the state is not ready to rule the state in accordance with the law?
However, contrary to the govt order, the special public prosecutor for vigilance on Friday submitted that the secretary’s view was incorrect and that sanction was necessary. During the hearing on Friday, the bench orally criticised the state govt and the special public prosecutor for taking different views on the issue.
A bench of Justice A Badharudeen on Friday adjourned to Sept 22 a 2020 petition filed by M S Anil of Cherthala seeking a vigilance probe into the alleged fraud for a detailed hearing on the issue. The case, originally registered in 2016, concerns the alleged misappropriation of Rs 15.85 crore in govt loans disbursed on eight occasions between 2003 and 2014 under a microfinance scheme intended to benefit members of marginalised communities through the SNDP Yogam. including SNDP Yogam general secretary Vellappally Natesan and others, in connection with the alleged misappropriation in the Pulppally union of the Yogam, backward classes development department secretary Veena N Madhavan issued an order stating that no prosecution sanction was required as the accused persons were private parties Although the investigation team had applied for prior sanction to prosecute the accused persons.