The Kerala High Court has voiced serious concerns about the implications of naming former judge Justice CN Ramachandran Nair as an accused in a corporate social responsibility (CSR) fund scam. The court questioned the rationale behind registering a first information report (FIR) against him and stressed the potential damage such an action could inflict on the judicial institution’s credibility.
A bench comprising Justices A Muhamed Mustaque and P Krishna Kumar heard a petition filed by five lawyers challenging the FIR against Justice Nair. The court was firm in its stance, remarking, “Is there any application of mind? That should be there at least. This affects people’s confidence in the judicial institution itself!”
Senior Advocate TA Shaji, representing the prosecution, argued that the lawyers who filed the petition lacked standing and might not even have the retired judge’s consent to intervene. The court, however, was more concerned about the reputational harm the case could cause, stating, “We know the damage caused to this institution when some allegations are made… who will repair the damage?”
The court insisted on reviewing the evidence that led to the FIR but stopped short of admitting the petition, observing that the matter needed careful scrutiny. “A person who held a constitutional office being implicated in this manner affects the reputation of the institution. If there are some materials, we can understand. But if there is no application of mind, we cannot allow damage to be caused,” the bench stated.
The multi-crore CSR fund scam revolves around allegations that Ananthu Krishnan duped several individuals and charitable organizations by falsely claiming to procure items such as laptops and sewing machines at discounted rates using CSR funds. Krishnan allegedly posed as a coordinator of the National NGO Confederation, soliciting funds from organizations that were misled into believing they were aiding beneficiaries.
Justice Nair, listed as the third accused, was named in his supposed role as a patron of the NGO Confederation. The complaint, filed by the Angadippuram Kisan Service Society, alleges that the organization was defrauded of ₹34 lakh between April and November 2024. The FIR cites sections of the Bharatiya Nyaya Sanhita (BNS) related to cheating and criminal conspiracy.
The petitioners contended that the case against Justice Nair is baseless, arguing that his association with the NGO was merely advisory. They also pointed out that the FIR lacked a preliminary inquiry, a requirement laid down by the Supreme Court. Furthermore, they alleged that targeting a retired judge without substantial evidence was an abuse of power that could undermine judicial independence.
Justice Nair has denied any wrongdoing, asserting that he was never a patron of the NGO and had severed ties long ago. Meanwhile, political figures such as MLA Najeeb Kanthapuram, Congress leader Laly Vincent, and an NGO led by a BJP leader have also been linked to the scam through various complaints.
As the case unfolds, the Kerala High Court remains cautious about the precedent it could set, emphasizing that the judiciary’s integrity must not be compromised by unsubstantiated allegations.