In a partial relief to Chief Minister Oommen Chandy, against whose office a single judge had made strong observations, Kerala High Court today stayed some of the remarks, but made it clear that the CBI probe ordered will not be affected.
The observations were made by Justice Harun Al Rashid last week while ordering CBI probe into two land-grabbing cases against various accused, including Chandy's former gunman Salim Raj, who is presently under suspension.
Admitting the appeal filed by the state government seeking to expunge the remarks, a division bench comrprising Justice K M Joseph and Justice Jayshankaran Nambiar, stayed two sentences and posted the matter for detailed hearing after summer vacation.
However, they made it clear that the stay will not in any manner affect the single judge's direction for CBI probe and will also not in any manner stand in the way of investigation.
In Para 70 of the 132-page judgement, the court had made strong observations against the Chief Minister's Office (CMO) with regard to the appointment of the personal staff.
While entire observations in the para have not been stayed, the bench stayed two sentences (1) 'The above incidents have raised serious questions on the functioning of the Chief Minister's Office for which the CM is answerable to the State.
(2) "Prima facie evidence of the presence of unscrupulous elements among the personal staff in the CMO and the associated criminal activities in these cases call for a thorough and independent investigation into the crime and the associated activies involving personal staff in the CMO."
Advocate General K P Dandapani, who appeared for the state, was asked by the bench if the Chief Minister was aggrieved and if so, he had to file an appeal.
In reply, the AG said Chief Minister was not a party in the case. The bench then asked "if chief minister was not a party and he was not heard, how the government was aggrieved?"
AG said, "There are no allegations against the Chief Minister in the petitions. The observations affect the state."
When one of the petitioners pointed to newspaper reports about some personal allegations against the single judge, who delivered the judgement, the bench replied, "We are not fragile and such allegations will not affect the court."
"Personal views cannot be translated into our order," the court held.
Referring to the allegations against Chandy's office, counsel for one the petitioner said "Ceaser's wife should be above suspicion".
