Thiruvananthapuram: A Kerala excessive court docket decide has recalled his order granting bail to 2 accused in a SC/ST Act case, amid allegations that the lawyer who represented the petitioners had claimed he might bribe judges to get beneficial orders, folks accustomed to the matter stated.
Senior excessive court docket lawyer Saiby Jose Kidangoor, who can be the president of the Kerala excessive court docket advocates’ affiliation, has been accused of demanding large sum of cash from his purchasers, together with some high-profile names, claiming he might “affect judges”.
Although the accusation towards the senior lawyer first surfaced late final yr, it additional escalated after the vigilance wing of the court docket earlier this month reportedly discovered the allegation to be true and sought an in depth police inquiry into the matter, senior attorneys stated.
“A number of the judges of the excessive court docket have sought an in depth probe into these expenses, which, they stated would have an effect on credibility of the entire judicial system,” a senior lawyer stated, requesting anonymity.
In the meantime, the excessive court docket registrar has collected particulars of circumstances represented by Kidangoor and submitted them to the police.
On Saturday, Kochi police commissioner Ok Sethuraman recorded statements of 14 folks, together with Kidangoor, and submitted a report back to Kerala’s director normal of police (DGP) Anil Kant. “The police will file a case towards him (Kidangoor) as soon as they get nod from the excessive court docket,” a police officer stated, declining to be named. “The excessive court docket is anticipated to take a name on this on Monday.”
Kidangoor was not obtainable for a touch upon Sunday. Final week, Kidangoor repeatedly denied the allegations towards him, calling them “baseless and fabricated”, whereas claiming he solely took session and lawyer charges from purchasers.
The allegations surfaced after a movie producer, an accused in an alleged sexual assault case involving one other Kerala movie actor, claimedin Kochi final yearthat he needed to cough up large amount of cash to acquire a pre-arrest bail. Kidangoor was his lawyer.
There have been additionally allegations that Kidangoor took the identify of three judges of the excessive court docket, claiming he might bribe them to get “beneficial” orders.
On Friday, Justice Ziyad Rahman withdrew his order in reference to a case registered towards two folks below the SC/ST (Prevention of Atrocities) Act for allegedly assaulting a Dalit man at Ranni in Pathanamthitta district in March 2022.
The accused first approached the decrease court docket for bail, which was turned down. They then moved the excessive court docket and on April 20 final yr, Justice Rahman granted pre-arrest bail to the 2 accused, who have been represented by Kidangoor. Later, the de facto complainant within the case moved the court docket citing credentials of the counsel and complained that fundamental procedures weren’t met whereas granting them bail.
Recalling his order, the decide posted the matter for a recent listening to. “It’s an order issued not solely in violation of provisions however can be towards ideas of pure justice,” Justice Rahman stated on Friday. “The court docket handed the order with out paying attention to the truth that no such discover was served upon the affected events. In such circumstances, I’m of the view that the order is liable to be recalled within the gentle of ideas laid down by the Supreme Courtroom within the Davinder Pal Singh Bhullar’s case.”
A number of attorneys and authorized consultants have requested the bar council and the court docket to take a strict motion towards Kidangoor. “Virtually per week handed since a few of these expenses have been trickled in, however no critical investigation (has been ordered) or case registered,” stated senior lawyer B Jayashankar. “A full-fledged investigation is required, in any other case it’s going to have an effect on the credibility of judicial system.”
Some former judges have additionally stated “brushing the difficulty below carpet will harm the judicial system badly”.