Kerala High Court Questions Govt Over Prosecution In SNDP Case

The Kerala High Court on Friday came down heavily on the state government over the delay in granting prosecution sanction in the long-pending SNDP microfinance fraud case. Justice A. Badharudeen questioned whether repeated lapses in processing the case were deliberate and intended to delay prosecution. The court warned that the matter would be viewed seriously.

The court expressed strong displeasure after the Additional Chief Secretary of the Backward Classes Development Department appeared personally and informed it that she had received the case files only on Thursday. The High Court had directed last month that the issue of prosecution sanction be considered. The Special Public Prosecutor for Vigilance attributed the delay to a communication gap, saying the files could be placed before the officer only late Thursday evening.

The court was subsequently informed that the files had been transferred to the Additional Chief Secretary and that action would be taken within a week. Justice Badharudeen made it clear that the government could not again cite non-receipt of the files as a reason for delay. He directed that a decision be taken before the matter comes up for hearing again on September 18.

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The judge also took strong exception to the government's explanation that the delay was a mistake. While observing that mistakes can happen, the court said repeated lapses could not simply be treated as errors and could indicate intentional actions with ulterior motives. Justice Badharudeen further questioned whether the prosecution was adopting a selective approach by proceeding against some accused while allegedly protecting others.

The High Court asked the state why certain accused were being saved from prosecution while action was being taken against others. Justice Badharudeen said such a biased approach could not be accepted, particularly in serious cases involving people of public standing. The court observed that such conduct amounted to dilatory tactics and warned that it would take the issue seriously.

The case relates to alleged irregularities in the microfinance scheme associated with the SNDP Yogam. The Vigilance and Anti-Corruption Bureau has registered multiple cases concerning allegations involving SNDP office-bearers, including General Secretary Vellappally Natesan, as well as former managing directors of the Kerala State Backward Classes Development Corporation. The High Court is hearing two petitions filed in 2020 seeking an SIT headed by an efficient officer to investigate the cases, with the matter scheduled to come up again on September 18.

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