In a move with significant implications for judicial accountability, the Kerala High Court has directed state investigators to remove former judge Justice CN Ramachandran Nair from the list of accused in the high-profile Corporate Social Responsibility (CSR) fund scam case.
A bench comprising Justices A Muhamed Mustaque and P Krishna Kumar recorded a statement from the state’s prosecution office, confirming that Justice Nair would not be implicated. The court underscored the importance of maintaining public confidence in the judiciary, emphasizing that while no one is above the law, implicating judges without due diligence can erode institutional credibility.
“We are of the view that if such persons (judges) are implicated in a crime, it affects the credibility of the institution,” the court remarked, calling on the state’s Home Department to develop guidelines for handling cases involving members of the judiciary.
The case stemmed from allegations that a fraudulent NGO, under the pretext of utilizing CSR funds, deceived numerous individuals and organizations by promising subsidized goods like laptops and household appliances. Justice Nair had initially been named in the case as a patron of the NGO, but petitioners argued that his involvement was purely nominal and that the accusations were baseless.
In response to concerns over judicial independence, the court acknowledged that while media scrutiny was inevitable, sensationalism should be avoided. The ruling also highlighted the need for investigative agencies to exercise caution when dealing with allegations against judicial officers.
Justice Nair, who has publicly denied any wrongdoing, has maintained that he had only served as a legal advisor to the NGO and had severed ties with it long before the controversy erupted.
With the court’s directive, the writ petition filed by five lawyers challenging the FIR against Justice Nair was disposed of, reinforcing the need for procedural safeguards before implicating members of the judiciary in criminal cases.