KOCHI: The Kerala high court on Friday afternoon stayed Thrissur vigilance court's order for registering FIR against chief minister Oommen Chandy and minister Aryadan Muhammad on the basis of Saritha S Nair's bribery revelation before the Solar Scam Inquiry Commission.
Justice P Ubaid suspended the vigilance court's order for two months, saying if the order is allowed to stand, it would cause irreparable harm.
The vigilance court judge acted mechanically and forwarded the complaint for investigation without abiding by the law laid down by the Supreme Court that the judge must examine whether the complainant has personal knowledge about the alleged offence or whether the complainant disclosed source of any information about the offence.
The vigilance judge, who said in the order that he's acting as a post office and only needs to forward the complaint for investigation, has not understood the law laid down by the apex court, the high cout said.
The complainant only had hearsay information and is relying on news reports. News reports are not directly admissible as evidence as per Indian Evidence Act, the high court pointed out.
The solar scam pertains to cheating several persons amounting to crores of rupees by Saritha Nair and her accomplice Biju Radhakrishnan by offering solar panel solutions.
The case took a political turn with the arrest of one of Chandy's close personal aides, who has alleged links with the accused. Two other employees in his personal staff are also under the scanner in connection with the scam.
The BJP is adamant on Chandy's resignation and has demanded a response from the Congress high command on this matter.
The Congress however, has staunchly defended the chief minister saying that 'mischievous and malicious' allegations will continue to fly as it is election time in the state.
(With inputs from agencies)