Kerala High Court
Saijo Hassan vs State Of Kerala on 25 February, 2025
Author: A. Muhamed Mustaque
Bench: A.Muhamed Mustaque
2025:KER:16052
W.P.(C) No.6572 of 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
TUESDAY, THE 25TH DAY OF FEBRUARY 2025 / 6TH PHALGUNA,
1946
WP(C) NO. 6572 OF 2025
PETITIONERS:
1 SAIJO HASSAN, AGED 52 YEARS, ADVOCATE, S/O.
HASSAN KANI RAWTHER, EMPIRE BUILDING, EAST OF
HIGH COURT, ERNAKULAM, PIN - 682 018
2 MANUEL KACHIRAMATTAM, AGED 50 YEARS, ADVOCATE,
S/O. K.A. JOHN, AKSHAYA BUILDING, COMPARA
JUNCTION, NEAR CENTRAL POLICE STATION,
ERNAKULAM, PIN - 682 018
3 D. AJITH KUMAR, ADVOCATE, AGED 52 YEARS
S/O. P.P. DINESAN, CHAMBER NO. 337, KERALA HIGH
COURT ADVOCATES' ASSOCIATION GOLDEN JUBILEE
CHAMBER COMPLEX, HIGH COURT P.O., ERNAKULAM, PIN
- 682 020
4 REMA R., ADVOCATE, AGED 50 YEARS, D/O. LATE
RAMAKRISHNAN UNNITHAN, CHAMBER NO. 960, KERALA
HIGH COURT ADVOCATES' ASSOCIATION, GOLDEN
JUBILEE CHAMBER COMPLEX, HIGH COURT P.O.,
ERNAKULAM, PIN - 682 030
5 BENOJ C. AUGUSTINE, ADVOCATE, AGED 46 YEARS
S/O. AUGUSTINE, EMPIRE BUILDING, EAST OF HIGH
COURT, ERNAKULAM, PIN - 682 018
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W.P.(C) No.6572 of 2025
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BY ADVS.
PHILIP J.VETTICKATTU
NEENU BERNATH
SAJU S. DOMINIC
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE HOME
SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM, PIN
- 695 001
2 THE DIRECTOR GENERAL OF POLICE, STATE POLICE
HEADQUARTERS, VELLAYAMBALAM, THIRUVANANTHAPURAM,
PIN - 695 010
3 THE SUPERINTENDENT OF POLICE, OFFICE OF THE
SUPERINTENDENT OF POLICE, UPHILL, MALAPPURAM,
PIN - 676 505
4 THE STATION HOUSE OFFICER (SHO), PERINTHALMANNA
POLICE STATION, PERINTHALMANNA, MALAPPURAM
DISTRICT, PIN - 679 322
5 SUB INSPECTOR OF POLICE, PERINTHALMANNA POLICE
STATION, PERINTHALMANNA, MALAPPURAM DISTRICT,
PIN - 679 322
6 DIRECTOR OF ENFORCEMENT, DIRECTORATE OF
ENFORCEMENT, PRAVARTAN BHAWAN, DR. APJ ABDUL
KALAM ROAD, NEW DELHI, PIN - 110 011
7 THE ADDITIONAL DIRECTOR, ENFORCEMENT
DIRECTORATE, COCHIN ZONAL OFFICE, KANOOS CASTLE,
A.K. SHESHADRI ROAD, KOCHI, ERNAKULAM DISTRICT,
PIN - 682 011
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
DIRECTOR GENERAL OF PROSECUTION(AG-10)
SHRI.P.NARAYANAN, SPL. G.P. TO DGP AND ADDL.
P.P. ()
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W.P.(C) No.6572 of 2025
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SHRI.SAJJU.S., SENIOR G.P.()
T.A. SHAJI STATE PUBLIC PROSECUTOR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 25.02.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C) No.6572 of 2025
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JUDGMENT
A. Muhamed Mustaque, J.
We are confronted with an unusual case in a Public
Interest Litigation. A Retired Judge of this Court has been
named in a First Information Report (FIR). Because of his
position as held by him in the constitutional court, it had wide
publicity and impact among the public. The lawyers practising
in this Court rushed to this Court with a Public Interest
Litigation challenging its implication.
2. At the outset, the Director General of
Prosecution submitted before this Court that this kind of writ
petitions should not be entertained by this Court and there is a
system in the investigation team itself to oversee and supervise
the investigation and therefore, the police authority will take a
final call on these matters.
3. On the last occasion, when the matter was
posted before this Court, we ascertained whether there was
any application of mind on the part of the investigating officer
while naming a former Judge of this Court, Justice C.N.
2025:KER:16052
Ramachandran Nair (Rtd.) as the third accused in the FIR
registered by the police. No one is above law. But at the same
time, we are also of the view that if such persons are
implicated in a crime without there being any application of
mind, it affects the credibility and trust of the institution. and
would shake the confidence of the public.
4. Today, a written statement handed over to
the Director General of Prosecution has been placed before us.
We record the concluding portion of the written statement.
"He further sated that Hon'ble Justice (Rtd)
C N Ramachandran Nair has no role or
knowledge in the day to day functioning or
in the financial dealing of the National NGOs
Confederation and he further stated that
Hon'ble Justice (Rtd) C N Ramachandran
Nair has not received any payments from the
National NGOs Confederation or any other
institutions connected with it. Upon a
preliminary verification of the bank accounts
of the prime accused and the National NGOs
confederation, no payments are seen
received by Hon'ble Justice (Rtd) C N
Ramachandran Nair. It is submitted that the
investigation of the cases connected with
the CSR Fund Scam are in preliminary stage,
and has not brought out any concrete
material to implicate the Hon'ble Justice
(Rtd) C N Ramachandran Nair in the above
cases at present. "
5. In such view of the matter, the investigation
officer is directed to act upon that statement and take
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necessary steps to exclude the name of the former judge of this
Court Justice C.N. Ramachandran Nair (Rtd.), from the array of
the accused in all crimes.
In the light of the above, we close this writ petition.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
P. KRISHNA KUMAR
JUDGE
PR
2025:KER:16052
APPENDIX OF WP(C) 6572/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE COMPLAINT DATED NIL
ALONG WITH THE ENGLISH TRANSLATION
Exhibit P2 TRUE COPY OF THE FIR NO.0180/2025 DATED
06.02.2025 REGISTERED IN THE
PERINTHALMANNA POLICE STATION WITH
ENGLISH TRANSLATION OF THE RELEVANT
PORTIONS
Exhibit P3 TRUE COPY OF THE TRUST DEED OF NGO'S
CONFEDERATION DATED 16.02.2024.
Exhibit P4 TRUE COPY OF THE PRESS RELEASE DATED
11.02.2025 ALONG WITH THE ENGLISH
TRANSLATION
Exhibit P5 TRUE COPY OF FIR NO. 147/2025, DATED
09.02.2025 REGISTERED BY BALUSSERY
POLICE STATION, KOZHIKKODE RURAL ALONG
WITH ENGLISH TRANSLATION OF RELEVANT
PORTIONS
Exhibit P6 TRUE COPY OF FIR NO. 148/2025, DATED
09.02.2025 REGISTERED BY BALUSSERY
POLICE STATION , KOZHIKKODE RURAL ALONG
WITH ENGLISH TRANSLATION OF RELEVANT
PORTIONS
