Delay in verdict not due to fear or favour: Lok Ayukta

THIRUVANANTHAPURAM: The Lok Ayukta division bench on Wednesday dismissed the petition seeking review of its decision to refer the case against chief minister Pinarayi Vijayan and his cabinet colleagues over grant of relief from the CM's distress relief fund to the full bench. The case has now been posted to June 5 for a detailed hearing.
The full bench, comprising Lok Ayukta Cyriac Joseph and Upa-Lok Ayuktas Harun-Ul-Rashid and Babu Mathew P Joseph, decided to hear the petition in detail at 12pm on June 5 after the petitioner sought another date. The division bench had referred the case to the full bench on March 31, citing a difference of opinion between the judges on whether the respondents' action in taking decisions on CMDRF can be subjected to investigation under provisions of the Kerala Lok Ayukta Act, 1999 and the merit of allegations raised.
Earlier in the day, the division bench said its decision to refer the matter to the full bench was strictly legal and as per the Lok Ayukta Act.
The Act says the matter should be considered by the full bench if there is a difference of opinion between the judges and when a three-member bench considers the petition, the opinion of the majority will prevail, it said.
The bench said the decision regarding maintainability of the petition was pronounced before the case was accepted in file. That decision came at a primary stage, and it was after detailed hearing that the division bench decided to refer the case to the full bench. A verdict in the primary stage is not binding on the full bench and it cannot be made binding on the accused. The petitioner should wait for the decision of the three-member bench, the Lok Ayukta said.
Upa Lok Ayukta Harun-Ul-Rashid said verdicts had been pronounced after one or two years even in high courts and the Supreme Court, and the delay was not deliberate. The Lok Ayukta will not pronounce or refrain from pronouncing any verdict in consideration of any individual. There is no fear or favour towards anyone and the petitioner's criticism will not affect the outcome of the case, he said.
Petitioner R S Sasikumar said the division bench dismissing his review petition was an expected verdict. "It is a prepared screenplay, which is a shame to the whole judiciary. I have approached the high court and I will present my grievances there. As a citizen who still believes that there are judges who will deliver justice in the high court and the Supreme Court, I will go up to the Supreme Court to fight this case," he said.
He said this was a settled case regarding maintainability. "The judgment of the three-member bench being reconsidered is strange and I will raise these points in the high court," he said.