THIRUVANANTHAPURAM: Lokayukta rejected the controversial relief fund misappropriation case stating that it had no authority to interfere in the Cabinet decision, much to the Chief Minister's relief. The verdict was from a three-member full bench. If the verdict was unfavourable, the chief minister would have had to resign.

The petitioner, former syndicate member of Kerala University, RS Sasikumar said that the judges were influenced and will appeal in the High Court. The petition alleged irregularities in the allocation of Rs 25 lakh to the family of late Uzhavoor Vijayan, Rs 8.66 lakh to the family of KK Ramachandran Nair and Rs 20 lakh to the family of Kodiyeri's Gunman.

Apart from the Chief Minister, 18 ministers from the first Pinarayi government and the Chief Secretary were the opposing parties. The order said that there was no irregularity in the allocation of money and that the cabinet had the authority to manage public money. The Lokayukta cannot question, investigate or decide the decision of the Cabinet. Only the complaints against individuals and institutions come under the purview of the Lokayukta.

The Government's contention that the Cabinet which took the decision does not exist and the case will not stand was accepted. The government argued that the Lokayukta had no power to question the collective decision of the Cabinet and that the Cabinet was not subject to consideration under Section 7 of the Lokayukta Act. The Chief Secretary was the first opposing party and the Chief Minister was the second opposing party. The chief secretary gave an affidavit that the chief minister can voluntarily sanction up to 3 lakhs and the cabinet can sanction amounts above that. In all three case-based orders, the money was sanctioned with a cabinet decision.

Justice Cyriac Joseph pointed out in the order that although the case is valid, it is dismissed as the allegations cannot be proved. However, Upalokayktas Justice Harun Al Rashid and Justice Babu Mathew P Joseph took the stand that the case against the Cabinet decision will not stand. The order came after 5 years of receiving the petition.

Article 14 was feared

A section where public servants can be disqualified from holding official positions if their corruption is proven. The governor has not signed a bill to amend it

Procedure not followed: Cyriac Joseph

• Justice Cyriac Joseph pointed out in the order that procedure was not followed in the utilization of the relief fund and there was a lapse. The Lokayukta has the legal right to hear the case. The amendment to reduce power does not apply to hearing cases.
• Assistance was granted to those who did not even apply, regardless of their financial status and without putting it on the cabinet's agenda. Shouldn't the money be given to the deserving using the Chief Minister's authority? Misguided practices are against good governance.
• The Lokayukta initially issued a 41-page order dismissing the case by accepting the government's arguments. Later, Justice Cyriac Joseph's counter-arguments were added and an 83-page order dismissing the case was issued.

The merits of the case have not been examined. The procedures of the decision taken by the Cabinet were examined

-Justice Cyriac Joseph

Nepotism, politics or corruption could not be proved. The Cabinet is outside the jurisdiction of the Lokayukta

-Justice Harun-al-Rashid

The three incidents on which the complaint is based are part of the cabinet decision. Complaint is not valid in Lokayukta

-Justice Babu Mathew P. Joseph