A division bench comprising Justice Ashok Bhushan (acting chief justice) and Justice AM Shaffique considered appeals filed by Siby Mathews, an IPS officer who headed the investigation team, later became the DGP, and is presently the chief information commissioner of the state; and KK Joshwa who was the superintendent of police that led the probe.
It was on October 20 last year that a single bench of the high court ruled against state government's 2011 decision not to take action against police officers Siby Mathews, KK Joshwa, and 'Smart' Vijayan. Asking government to reconsider the decision, the court had questioned government's commitment to upholding the constitution.
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However, a division bench of the high court on Wednesday said the single bench should only have looked at whether the reasons stated by the government for arriving at such a decision is justified.
The division bench's 34-page judgment said, "We are of the view that the learned single judge has not appreciated the case in its proper perspective. What was required to be considered was whether the reasons stated by the government, declining to take disciplinary action, were justified or not."
In the absence of any statutory provision enabling the government to take action against the officer on the basis of CBI's report, it is up to the government to exercise its discretion based on relevant materials. When government has taken such a decision, it may not be proper for the high court to interfere with such a decision and ask the government to reconsider it, the court said.
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In deciding not to take action against the police officers, the government had given three reasons. First reason was that a delay of 15 years has taken place since CBI filed the report and that the officers have retired. Secondly, the government relied on the views of the director general of police, who said no such action is required. Finally, government had pointed out that neither the CJM court nor the Supreme Court issued such a direction after considering the case.
As the government has taken the decision after examining the relevant matters, it cannot be considered as unreasonable, unfair, or arbitrary, the division bench said.
http://timesofindia.indiatimes.com/followceleb.cms?alias=Smart Vijayan,Siby Mathews,Nambi Narayanan,KK Joshwa,Kerala High Court
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