'Appointing Party Workers': Kerala HC denies CBI probe on letter row at Thiruvananthapuram corporation

KOCHI: The Kerala high court on Friday dismissed a petition seeking a CBI probe or an inquiry by a sitting judge into the letter allegedly issued by Thiruvananthapuram Corporation mayor Arya Rajendran seeking a list of CPM workers for making appointments.
Justice K Babu dismissed a petition (NCN 2022/KER/72627) filed by GS Sreekumar of Sreekaryam in Thiruvananthapuram.
In the judgment, the court said it cannot interfere as the petitioner rushed to the high court instead of approaching a magistrate court when his complaint was allegedly not acted upon. He is also not entitled to the court’s power to transfer the ongoing probe to CBI as his complaint doesn’t have any specific allegations and as his allegation, that an impartial probe is impossible, is not backed up by any concrete material that compels the court to order a transfer of investigation, the court said.
Regarding the petitioner’s plea for a probe by a sitting judicial officer, the court said it is the government that has to appoint an inquiry commission if the legislative assembly passes a resolution requiring so. Otherwise, the government is not bound to appoint an inquiry commission even if the matter is of public importance, the court said. The court cannot order the government to appoint an inquiry commission and the petitioner has no locus standi to demand so as he has no statutory right to make such a demand, the judgment said.
“Going by the words of Section 3 of the Act (Commission of Inquiry Act, 1952), it is crystal clear that there cannot be a legal or statutory obligation upon the appropriate Government to appoint a Commission of Inquiry even if it is a definite matter of public importance. As the Statute imposed no legal duty on the Government to appoint a Commission, the petitioner has no legal right to enforce its performance. In Kallara Sukumaran’s case (Kallara Sukumaran Vs. Raghuchandra Bal, 1993), the division bench, following a series of precedents, held that a writ of mandamus cannot be issued for directing the Government to appoint a Commission of Inquiry under the Act. As the petitioner has no right under the Statute, he has no locus standi to seek the relief as prayed for above,” the judgment stated.