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HC quashes FIR against VS but larger bench stays order

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Press Trust of India Kochi

88-year-old Achuthanandan got relief after Justice S S Sateeshchandran in a hard hitting judgement held that framing a case against him on "false and frivolous" allegation was "unworthy of any merit", while allowing his plea to quash proceedings against him.

But moving swiftly, Congress-led UDF government challenged the order and sought a stay before the Division Bench comprising Chief Justice Manjula Chellur and Justice A M Shaffique which admitted its appeal.

The bench while granting stay made it clear that the chargesheet will not be laid in the case till the appeal was disposed.

The stay order came as a huge relief for the government which was embarrassed by the quashing of the FIR and strong observations made by the court in the morning.

 

In a 64-page order, Justice Sateeshchandran said some features presented in the case were "too disturbing", that in fact "gives enough room to generate" suspicion that the machinery of vigilance is misused and abused to silence political opponents."

The case pertains to alleged violation of norms while allotting 2.33 acres of land to T K Soman, an ex-serviceman and Achuthanandan's close relative, in Kasaragod district when he was Chief Minister heading the LDF ministry during 2006-11.

Chief Minister Oommen Chandy said Government had not shown any haste in launching prosecution proceedings against Achuthanandan. "We are not seeing this case politically, but legally", he said.

"Government has not taken any decision in the case in haste. We have taken legal advice and launched proceedings," he said, adding, the law would take its course.

Elated over the single judge's order, Achuthanandan said in Thiruvananthapuram that it was a "mortal blow" to UDF Government and its attempts to frame him in a corruption case.

Besides Achuthanandan, his personal assistant Suresh and former Revenue Minister K P Rajendran (CPI) and some officials have been listed as accused in the FIR filed in a court in Kozhikode after a vigilance probe found prima facie evidence.

The government had yesterday informed the court that the chargesheet in the case would be filed soon.

  

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First Published: Dec 06 2012 | 6:35 PM IST

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