A Shameful Apology

Government of Kerala (GoK), on December 23, 2022 tendered unconditional apology before the Kerala High Court (HC) as it failed to execute the Court order to recover damages, worth Rs 5.20 crores from the outlawed Popular Front of India (PFI) for losses and ruins caused to the public properties in connection with the ‘flash hartal’ by the outlawed outfit carried out on September 23, 2022. Additional Chief Secretary Dr V Venu appeared before the Court on behalf of GoK.

Division Bench comprising Justice AK Jayasankaran Nambiar and Mohammed Nias CP underlined that the executive ought to change its attitude and approach with the judiciary. The Judiciary should not be meted out a treatment as being a department of the Government.

Bench’s oral observation

“We can’t be stuck in the past, the relationship between the executive and judiciary has to improve. The constitutional requirement is that we must consult, concur and work in tandem. We are not enemies; we are integral aspects of the government. Therefore, mutual respect and cooperation is the essence of the day”.

Court challenged as to whether the bureaucracy was failing in implementing Court orders due to a wrong notion that ‘Government is the Master’. It asked the Additional Chief Secretary Dr V Venu to inform all concerned that it (court) loses patience. The Court summoned the Additional Chief Secretary and censured him for the above cited reasons.

The Additional Chief Secretary of Home Department Dr V Venu personally appeared before the Court. He assured that all previous Court orders would be complied with and the revenue recovery proceedings would be initiated against the assets and properties of the PFI as well as of their office bearers, including its secretary Abdul Sathar, by January 15, 2023.

We are not enemies; we are integral aspects of the government. Therefore, mutual respect and mutual cooperation are the essence of the day, the Court observed

The HC had initiated suo motu contempt proceedings on September 23, the very same day hartal was called by PFI. It was as a result of taking cognisance that the outfit had called for hartal sans the mandatory seven day notice.

And, one of those days, Kerala State Road Transport Corporation (KSRTC) moved the HC for compensation from PFI for the damages caused to its buses during the hartal. It was due to the stone pelting and several other destructive acts of the hartal supporters.

HC had expressed its dissatisfaction during the last hearing for the delay in the recovery of Rs 5.20 crore. The Court directed Dr Venu personally to submit an affidavit sworn by him showing the details of the time frame for recovering the damages. The Court mandated him to instruct officers working under him about the seriousness which each court direction carries; they should be made aware of the significance of abiding by them in a timely manner. The Court desired that timely action was imperative and emphasised how serious it was in this particular case. It wanted to put an end to such happenings in the State, especially when these are concerning public properties. The Court was deadly serious about it. Officers under him did not seem to understand that the Court ordered instructions. They treat the Court as another Department of the Government. The Court is not that and must not be construed as such. This is a matter which needs serious consideration. The Court added that is the reason why he was asked to be present personally. The Court reiterated its earlier observation that they should follow when there is a court directive.

The Court found the attitude of the Government as discernible from the averments in the paragraphs of the affidavit that it submitted. It was wholly unacceptable and per se disrespectful to the directions of the Court. The Government cannot adopt such a callous and recalcitrant attitude when called upon to implement the directions of the Court especially in matters of public interest and involving destruction of the public properly.

The Government submitted in its affidavit on December 19, that the Revenue Department has informed them that the auction and requisition procedure on the properties of PFI and Sathar would take more than a month. It says, District Collector informed his inability to assist the Claims Commissioner due to insufficiency of staff and shortage of space. Still alternative arrangements are being resorted to in consultation with the Ernakulam District Collector. The Court observed that government had assured it on November 18, 2022 that directions had been conveyed to the Revenue Department, District Collector and also a Claims Commissioner had been appointed. The Court observed that the government could not adopt such an indifferent attitude especially in matters of public interest and on the destruction of public properties. The Court further said that time granted for compliance with the earlier directions would not be extended beyond January 31, 2023 under any circumstances. reminders of the Court

• The Court orders should be implemented within the stipulated time. There should be an end to the failure and fiasco in this context.
• The destruction of public properties is a serious issue. It is the innocent peoples’ properties. They should be protected. That is why the Court summoned the GoK .
• Some of the bureaucrats are confused regarding Court order or Government order to be implemented. They doubt who the master is. Even Deputy Collectors ask this question when judges conduct orientation classes for the bureaucrats. They believe that as they are not paid by the court, hence there is no need to implement its orders. This wrong notion should be given up. The entire bureaucracy should be educated on these lines.
• The Judiciary and Executive are not enemies. The cooperation between the two must be ensured.
• ‘Public property should be protected’ is not an advice, but an instruction and a mandate.

Obviously CPM-led Left Democratic Front (LDF) with Pinarayi Vijayan, the CPM supremo, as the Chief Minister, maintains a slow and soft attitude to the banned Popular Front of India. GoK is either trying to protect PFI from the payment of compensation or giving them time to organise money by hook or crook. Since NIA froze the shady bank accounts of PFI accomplices, their liquidity is badly affected. Their money transactions are badly affected. BJP has alleged that when the outfit gets breathing time, they can transfer the ownership of the properties so that authorities cannot touch them, hence the GoK’s slow pedalling is deliberate.

In other States, the seizure operations are almost over. In Kerala, the Pinarayi regime is reported to have advised the police not to create an impression that PFI men are chased and harassed. The reason is simple: Minority Vote Bank Politics. Both LDF and Congress-led Opposition United Democratic Front (UDF) are in neck-to-neck competition to grab the minority vote. Under these circumstances Prevention of Damage to Public Property Act (PDPP Act), 1984 finds a comfortable place in the waste bin. And, PFI gets the ‘powerful’ patronage.

Reports suggest that NIA has submitted a list of the properties belonging to PFI leaders and workers. The Pinarayi Government that engineered the violation of Shabarimala traditions by taking young and undesirable women to the temple, in the darkness of night, with police escorts, had a lame excuse, that is, “Comply with the Supreme Court verdict”. The same Pinarayi is not complying with the High Court order, but not even a lame excuse, let alone any valid logic.

Now, GoK has submitted before the Court that office accommodation would be arranged for the Claims Commissioner in Ernakulam Guest House. Collectors of other districts are instructed too. The Registration Department has handed over the details of the properties belonging to PFI and its general secretary. Seizure procedures will be completed before January 15, 2023. Recovery actions will take another month from January 15.

Now, a one billion dollar question: What will happen on or before or after January 15, 2023?