HC dismisses Achuthanandan's petition

Kerala High Court today dismissed a petition by opposition leader in the Kerala Assembly V S Achutanandan seeking CBI investigation into the alleged sabotage of probe in a sex scandal case.
The CPI(M) veteran had approached the court seeking CBI probe into a case registered on the basis of claims by a relative of state minister P K Kunhalikutty, that he tried to influence witnesses in the "ice cream parlour case" of Kozhikode.
Dismissing the PIL, Chief Justice Manjula Chellur and justice K Vinod Chandran observed that if the allegations are true, it required serious investigation and serious action has to be taken.

However, the bench said as prayer for CBI investigation was made due to laxity of investigation by the Special Investigation Team, in the light of final report by SIT, the case was within the jurisdiction of the magistrate.
Therefore, all complaints can be made before magistrate court only.
If the investigation is to be ordered by high court, final report and materials in case diary has to be examined. This amounts to usurping the power of magistrate, the bench held.

Court said that as the final report is pending consideration of magistrate, any competent person can point out the lacuna in the investigation and plead for further investigation before the magistrate.

The bench also said the affected persons facing allegations are not parties and without hearing the affected parties, order cannot be passed on PIL.
The bench clarified that this order shall not be construed as approval or assent of final report not do we foreclose fresh investigation by CBI.
The state was rocked by the alleged sex scandal in 1997, known as ice cream parlour sex case following a complaint by a Kozhikode based NGO, Anweshi that an ice cream parlour was being run as a brothel and a number of girls were being sexually exploited there by politicians and other VIPs.