A division bench, comprising acting Chief Justice Ashok Bhushan and Justice AM Shaffique, said, in view of the subsequent development, the government order dated September 13, 2013, had lost its relevance.
"In view of the fact that application for withdrawal of prosecution had already been dismissed on merit by the vigilance court and the same had been upheld by the high court on January 8 this year, the state government order had lost its relevance."
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The bench made it clear it was not entering into the merits of the case and was not expressing any opinion on the decision of the government.
As and when further course of action arises, the petitioner can approach the court again, the bench held. The court had on Jan 8 declined to accept the state's plea to withdraw prosecution in the case, holding such a move would only help the accused 'personally or otherwise'.
The case related to import of palm oil during 1991-92 at 'inflated' price by the then Congress government headed by late K Karunakaran, from a Malaysian firm, allegedly causing a loss of Rs 2.33 crore to the state exchequer.
Chief Minister Oommen Chandy was the Finance Minister then.