Kerala Government today filed an appeal before the high court seeking to expunge adverse remarks made by a single judge against Chief Minister Oommen Chandy and his office while ordering a CBI probe in two land grabbing cases involving his former gunman Salim Raj.
Advocate General K P Dandapani said they were not opposing the CBI probe, but only some portions of the judgement in which adverse remarks were made against the Chief Minister and the CMO.
The appeal will come up before a division bench comprising Justice K M Joseph and Justice A Jayashankar Nambiar tomorrow.
The government submitted that Justice Harun Al Rashid, who ordered the CBI probe, "had gone into areas which are not pleaded or argued. There was no material on record to enter into findings on aspects which are detrimental to the very functioning of office of chief minister," it stated.
"The single judge had gone out of bounds in making scathing observations that too general and sweeping against the chief minister and his office which is totally illegal and against dictum of Supreme Court," the government contended.
The government pointed that the apex court had stated that 'judges cannot misuse their authority by intemperate comments, undignified banter or scathing criticism of counsel or parties or witnesses'.
In strong remarks against CMO, Justice Harun Al Rashid had on Mar 28 held Chandy was 'answerable' to the state over appointment of his personal staff. The court had held that authorities at the helm of affairs in the state had not been "prudent and responsible" in appointing personal staff with integrity and character.
"The Chief Minister's office should be a model institution serving the people of the State", Justice Rashid had said, ordering a CBI probe in two land grabbing cases against Salim Raj, which has been seized upon by the Opposition LDF to demand the resignation of Chandy.
