Kerala High Court Criticizes Procedural Lapses in Corruption Investigation
Court Orders Correction of Investigation Errors and Emphasizes Competence in Vigilance and Anti-Corruption Bureau
In a significant ruling on October 8, 2025, the Kerala High Court addressed serious procedural lapses in a corruption investigation involving Sudhi P.D. and others, against the State of Kerala. Presided over by Justice A. Badharudeen, the court highlighted critical errors in the investigation process under the Prevention of Corruption (Amendment) Act, 2018. The case revolved around the alleged demand for a bribe concerning the assignment of land value, which was reportedly mishandled due to erroneous application of statutory provisions.
The court criticized the deletion of the offense under Section 7(a) and the erroneous incorporation of Section 15 of the Prevention of Corruption (Amendment) Act, emphasizing that such mistakes could have dangerous ramifications in corruption cases. Justice Badharudeen underscored the necessity for competent officers in the Vigilance and Anti-Corruption Bureau (VACB), noting that these errors should not occur in cases dealing with corruption due to their serious consequences.
The court observed that the alleged demand for a bribe was improbable, given the petitioner's earlier recommendation of a higher land value, which questioned the basis of the prosecution's allegations. The petitioner's counsel argued that the recommended land value was substantially higher than the basic value, making the subsequent demand for a bribe on specific dates highly unlikely.
In a move to ensure a fair investigation, the court directed the inclusion of the de facto complainant, Sri M. Jayasurya, as an additional respondent. The Investigating Officer was instructed to notify him to address grievances and ensure that all parties were heard comprehensively.
The court deferred further steps concerning the Forensic Science Laboratory report until October 15, 2025, and directed the registry to forward a copy of the order to the Director General of Police and the Director, Vigilance and Anti-Corruption Bureau, Thiruvananthapuram. This directive aimed to ensure the posting of competent officers in the VACB, highlighting the court's commitment to maintaining integrity and competence in corruption investigations.
Bottom Line:
Prevention of Corruption Act - Deletion of Section 7(a) and incorporation of Section 15 found erroneous - Investigation confined to Section 7(a) - Serious ramifications of procedural lapses highlighted - Need for competent officers in Vigilance and Anti-Corruption Bureau emphasized.
Statutory provision(s): Prevention of Corruption (Amendment) Act, 2018 Sections 7(a) and 15
Sudhi. P.D. v. State of Kerala, (Kerala) : Law Finder Doc Id # 2792887
