The Kerala High Court on Thursday quashed the case registered by the Vigilance and Anti-Corruption Bureau (VACB) against Indian Union Muslim League (IUML) leader and former MLA K.M. Shaji on a charge of receiving a bribe of ₹25 lakh from an aided school management at Azhikode in 2014 for sanctioning additional Plus Two courses.
Justice Kauser Edappagath, while quashing the FIR, observed that in order to attract the offence under Section 7 or 13(1)(d) of the Prevention of Corruption Act, there should be an allegation that a public servant demanded and accepted illegal gratification. Going by the allegations agasinst Mr. Shaji, admittedly, the demand for a bribe was made by the Indian Union Muslim League Committee. There was absolutely no case or allegation that he had ever made any demand from anybody for doing any act or forbearing to do any official act.
The allegation is that the manager of the school approached the Poothapara branch committee of the IUML to get Plus Two courses to the school and the demand for a bribe was made by the office-bearers of the committee, the court pointed out.
The allegations in the FIR and the evidence collected in support of the same, even if believed in toto, did not prima facie disclose a cognizable offence or make out a case against the petitioner. Hence, no purpose would be served in proceeding with the matter further, the court added.
The court passed the verdict while allowing a petition filed by Mr. Shaji challenging the registration of the case.
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