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Sreejith.S v. State of Kerala

Kerala HC3 Mar 2023WP(Crl.)/224/2023

Case brief

AI extract

What is this about?

The High Court of Kerala, in a Writ Petition, directed the Vigilance Bureau to furnish a certified copy of the Preliminary Enquiry Report to the petitioner within two weeks. He contested a PSI on specifics of the dispute alleged to be disproportionate. Right to access was recognized. The report was not provided. This Writ was disposed of to ensure transparency and access to information.

What did the court decide?

Direction to the 3rd respondent to furnish a certified copy of the Preliminary Enquiry Report to the petitioner within two weeks from today.

Sreejith.S Vs State of Kerala — RTI and Transparency | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

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FRIDAY, THE 3^RD DAY OF MARCH 2023 / 12TH PHALGUNA, 1944 WP(CRL.) NO. 224 OF 2023

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CRIME NO.VC04/SCT/2022 OF VACB, THIRUVANANTHAPURAM, PETITIONER:

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SREEJITH.S, AGED 49 YEARS S/O.SEKHARAN, 'CHANDRAJITH', T.C 5/471, INDIRA NAGAR ROAD, PEROORKKADA P.O, THIRUVANANTHAPURAM, PIN - 695005

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BY ADVS. K.SIJU S.ABHILASH ANJANA KANNATH

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE HOME SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

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2 THE DIRECTOR VIGILANCE AND ANTI CORRUPTION BUREAU, VIKAS BHAVAN, LAW COLLEGE ROAD, THIRUVANANTHAPURAM -, PIN - 695033

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3 SUPERINTENDENT OF POLICE VIGILANCE AND ANTI CORRUPTION BUREAU, SPECIAL CELL, THIRUVANANTHAPURAM -, PIN - 695004

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BY SRI.A.RAJESH, SPL.P.P VACB

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THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 03.03.2023, THE COURT ON THE SAME DAY DELIVERED the following:

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WP(CRL.) NO. 224 OF 2023

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J U D G M E N T

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This writ petition has been filed to give a direction to the respondents 1 and 2 to provide a certified copy of the Preliminary Enquiry Report submitted by the 3^rd respondent.

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A vigilance case was registered against the petitioner as Crime No.VC4/2022/SCT, VACB, Special Cell, Thiruvananthapuram. The offences alleged are punishable under Sections 13(2) r/w 13(1)(e) and 13(1)(b) of the Prevention of Corruption Act (for short 'the P.C. Act'). A preliminary enquiry was ordered by the 2^nd respondent as per the order dated 07.12.2020 against the petitioner, who was working as a Geologist, Mining and Geology Department, Pathanamthitta, on the allegation that he has amassed wealth, which was disproportionate to his known source of income. The Preliminary Enquiry Report was filed, and thereafter, FIR was registered. However, copy of the Preliminary Enquiry Report was not furnished to the petitioner. It is in these circumstances, he has approached this Court.

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The petitioner has every right to know the contents of the Preliminary Enquiry Report. Hence, this Writ Petition (Crl.) is disposed of with a direction to the 3^rd respondent to furnish a certified copy of

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WP(CRL.) NO. 224 OF 2023

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the Preliminary Enquiry Report to the petitioner within two weeks from today.

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Sd/-

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DR.KAUSER EDAPPAGATH, JUDGE

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WP(CRL.) NO. 224 OF 2023

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APPENDIX OF WP(CRL.) 224/2023

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 THE COPY OF FIR ALONG WITH THE FIS IN CRIME NO.VC4/2022/SCT OF VIGILANCE AND ANTI CORRUPTION BUREAU, SPECIAL CELL, THIRUVANANTHAPURAM DATED 13.6.2022

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EXHIBIT P2 THE COPY OF COMMUNICATION FROM THE PUBLIC INFORMATION OFFICER IN THE OFFICE OF THE 2ND RESPONDENT DATED 13.1.2023

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EXHIBIT P3

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THE COPY OF ORDER DATED 24.1.2023 IN COPY APPLICATION NO.22/2023 IN VC4/22/SCT ON THE FILE OF COURT OF ENQUIRY COMMISSIONER & SPECIAL JUDGE, THIRUVANANTHAPURAM

Sreejith.S v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sreejith.S v. State of Kerala

Case brief

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What did the court decide?

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