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Kerala High Court Expunges Remarks on CM, Relegates ADGP Ajith Kumar Case to Pre-Cognizance

The ruling stresses procedural safeguards by requiring sanction before the Special Court may act.

Overview

  • The High Court set aside the Special Judge’s decision to proceed against ADGP M.R. Ajith Kumar and sent the matter back to the pre-cognizance stage that requires sanction.
  • Justice A. Badharudeen expunged disparaging observations the Special Court made about Chief Minister Pinarayi Vijayan and state authorities.
  • The private complaint by Neyyattinkara P. Nagaraj was not quashed and can move forward only after statutory permission, with former MLA P.V. Anvar impleaded as a respondent.
  • Earlier, the court flagged procedural defects, calling the Special Judge’s order prima facie illegal and noting concerns over a subordinate officer investigating a superior.
  • A detailed written judgment is awaited to clarify the court’s reasoning and the path for any subsequent proceedings.