KOCHI: Appeals pending before the high court in the case over alleged corruption by former finance minister K M Mani in granting tax exemptions to poultry dealers should not come in the way of the ongoing investigation, a division bench has directed.
The court issued the directive while considering a writ appeal filed by poultry dealers P T Benny and P T Devassy who are accused in the case, along with Mani.
Under challenge before the division bench is a single bench’s order of October last year that declined to quash the case and held that it is a matter that needs to be investigated and proved beyond doubt. Stressing on the need for a thorough probe on the allegation that the former minister stayed revenue recovery proceedings against the poultry dealers, the single bench had said that the question is not whether money was obtained by favouring but whether the alleged act resulted in pecuniary advantage to others.
Prosecution had argued that only the chief minister could have issued a stay for amounts above Rs 5 lakh. The single bench had said that while existing norms do not permit the finance minister to grant a stay, it has to be investigated whether he was specially empowered to do so.
Mani had contended before the single bench that the offence of criminal misconduct as per Prevention of Corruption Act can be invoked only if demand and acceptance is present.