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Kerala HC refuse to quash FIR against Saiby

Advocate, Saiby Jose Kidangoor, who has been facing the charge of collecting money from clients under the pretext of bribing Kerala High Court judges, suffered a setback from the court on Monday.

Thiruvananthapuram, Feb 6 (BPNS)

Advocate, Saiby Jose Kidangoor, who has been facing the charge of collecting money from clients under the pretext of bribing Kerala High Court judges, suffered a setback from the court on Monday.

He had approached the court with the plea of quashing the First Information Report (FIR) registered against him. However, Justice Kauser Edappagath who considered the plea said that it is premature and observed that the allegations were of a very serious nature.

“Why is he in a hurry and why he couldn’t face investigation,” asked the court to the counsel who appeared on behalf of Saiby.

The court also orally observed that it (the allegation) is something that is maligning the entire justice delivery system.

According to Live Law, a website dedicated to legal news, the court further observed, “You are an officer of this court and an office bearer of a responsible institution, it is also your responsibility to prove your innocence and remove the shadow that has been cast on the entire justice delivery system.”

Saiby is president of Kerala High Court Advocates Association.

Earlier, the court observed that a preliminary investigation was conducted by the High Court Vigilance wing and then by the police.

“The police felt that registering an FIR was necessary. Further probe has started and on the next day you rush to court?,” asked the court.

The case was adjourned by a week. However, the plea was neither admitted or dismissed by the court.

It was on February 1 that the police registered a case against Saiby. It was
Ernakulam Central Police Station which registered the case for cheating (section 420 of the Indian Penal Code that deals with cheating and dishonestly inducing delivery of property) and under section 7 of the Prevention of Corruption Act 1988, which deals with offenses and penalties for public servant taking gratification other than legal remuneration in respect of an official act.

The case is being investigated by a special team under the direct monitoring of ADGP Shaik Darvesh Sahib.

“A letter was received by the State Police Chief from the High Court Registrar. Based on that Kochi City Police Commissioner was asked to conduct a preliminary inquiry. As it was found merit in the complaint, an FIR has been registered,” read an excerpt of a release from the police headquarters then.

It was after another lawyer put up a Facebook post that Saiby’s alleged ill-doings came to light. It was accused that Saiby used to collect large sums of money from some clients that include some celebrity clients, under the pretext that he would use it to bribe several judges, including high court Justices A Muhammad Mustaque, PV Kunhikrishnan, Ziyad Rahman AA, and others.

Upon coming to know about the post, it is learned that it was Justice Kunhikrishnan who directed the Registrar to conduct an inquiry.

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