Provisional autonomy & functional freedom of Vigilance: HC stays single judge’s order

Wednesday, Jul 8, 2015,20:40 IST By metrovaartha A A A

Kochi | The Kerala High Court today stayed an order of a single bench directing the state government to examine general issues relating to provisional autonomy and functional freedom of the Vigilance and Anti-Corruption Bureau.
A division bench, comprising Chief Justice Ashok Bhushan and Justice A M Shaffique, admitted the petition filed by the Kerala government and stayed the order of the single judge.
In its appeal, the government had complained that without any pleadings, the single judge had deviated from the issues and passed directions.
In its order last month, the single judge had directed the Vigilance and Anti-Corruption Bureau to file a report on its functional structure and requisite changes recommended to the state government in the matter of its provisional autonomy and organisational freedom.
Giving the direction, Justice Alexander Thomas had granted three weeks time to Kerala State Vigilance and Anti-Corruption to file the report.
The Judge had also appointed two lawyers as amicus curaie to assist the court in the matter.
Challenging these directions, Kerala government claimed the Vigilance manual has the force of law and the bench did not find any illegality in the constitution of the vigilance department.
The appeal was filed by the Home Secretary and others on behalf of the state government.
The single judge had issued the order while considering a petition seeking a direction to the Vigilance to submit the investigation report in the bar bribery case, allegedly involving some ministers in the state cabinet.