Kerala High Court restores vigilance probe against Kerala Cricket Association office bearers

A Division Bench of the Kerala High Court on Friday restored vigilance cases registered against office-bearers of the Kerala Cricket Association (KCA) over alleged irregularities in land deals for constructing cricket stadiums at Edakochi and Thodupuzha [Harish V v TC Mathew & ors and connected cases].

Earlier, a single judge Bench had quashed the vigilance cases on a plea by the KCA office bearers.

The single judge, in its July 15 order, had held that the KCA is not a public office and that its office bearers were not public servants to prosecute them under the Prevention of Corruption Act, 1988 (PC Act). This ruling was challenged before a Division Bench of the Court.

Today, the Division Bench of Justice AK Jayasankaran Nambiar and Justice Jobin Sebastian set aside the single judge ruling and held that the KCA fell within the purview of the PC Act. The vigilance probe against the KCA's office bearers can, therefore, proceed, the Court concluded.

"The upshot of the above discussions is that we allow these appeals, by setting aside the impugned judgement of the learned single judge and dismiss the writ petitions (filed by KCA office bearers) as devoid of merit," the Court said.

The vigilance cases in focus were registered against KCA President TC Mathew and other office-bearers, who then moved petitions to quash these proceedings.

In July, single judge Justice A Muhamed Mustaque observed that since the KCA did not receive any financial grants from the government, it could not be considered to be a public office and, hence, its officials could not be prosecuted under the anti-corruption law.

The single judge added that merely purchasing land for a cricket stadium did not amount to KCA performing a public duty. He reasoned that a public element would arise only after the stadium construction was completed and it was open for public use.

The Division Bench, however, has now disagreed with this view and set aside the single judge's findings, paving way for the Vigilance and Anti-Corruption Bureau to continue with its investigation against the KCA office bearers.