Criminal case accused won’t be allowed as office bearers of SN trust: Kerala HC

KOCHI: The High court has issued an order amending by-laws under SN trust. According to the new amendment, those involved in criminal cases against the interests of the trust should stay from the administration of SNDP.

The court order was issued by division bench comprising of Justice A Muhammad Mushtaq and Justice Soba Annamma Eapen on a petition filed by trust board member advocate Cherunniyoor Jayaprakash. SN Trust and Trust Secretary Vellappally Natesan were the opposing parties. Later, 52 trust members also joined as parties in the case against this amendment.

The petitioner approached the court demanding an amendment that if the court issues a charge sheet in a criminal case against a trust member, then they should step aside from their positions until they are acquitted. The allegation was that trust secretary Vellappally Natesan was involved in criminal cases and had misused the trust's funds.

The court said that it is not their responsibility to decide whether a person is unfit to continue as trust member. It should be decided as per civil law procedure. The court only inspected whether the amendment was needed.

There is provision in the by-law to exempt a person who has been convicted of immoral acts but there is no provision for the same for someone who faces criminal charges related to the assets of the trust. A trustee can be replaced only through a regular suit.