Kerala HC pulls up state govt for delay in recovery of Rs 5.2 cr damages from PFI
Dec 19, 2022
Kochi (Kerala) [India], December 19 : Kerala High Court on Monday lashed out at the State Government for not complying with its direction of recovery of damages from the banned Popular Front of India (PFI) and its Secretary.
The court directed the Additional Chief Secretary of the Home Department of the state to personally present before it on December 23.
The court made it clear that the time granted for compliance with the earlier directions will not be extended beyond January 31.
The High Court on September 30, ordered PFI to deposit Rs 5.20 crore within two weeks towards damages caused to KSRTC in the violence that erupted during the illegal "flash hartal" conducted by PFI on September 23.
Court also ordered at that time to make PFI State Secretary Abdul Sathar an accused in all the cases registered in the state in connection with the illegal hartal. If Rs 5.20 crore is not deposited within two weeks, the state government can initiate recovery proceedings, the Court said earlier.
While considering the matter today, Division Bench Justice AK Jayasankaran Nambiar and Justice Mohammed Nias CP noted the steps taken by the State Government so far in the recovery.
The court said, "Despite the peremptory directions issued by us in the past, directing the State Government through the Additional Chief Secretary to take immediate steps, inter alia, by invoking the provisions of the Revenue Recovery Act to proceed against the assets/properties of the organisation as well as the personal assets of the office bearers including the secretary for the realisation of the amount of 5.20 crores, we find that nothing substantial has been done by the State Government towards complying with the said directions."
"The State Government cannot accept such a callous attitude when called upon to implement the directions of this Court, especially in matters of public interest and involving destruction of public property," the court said adding "We, therefore, direct the Additional Chief Secretary, Home Department to be personally present before this Court on Friday, the 23rd day of December 2022, along with an affidavit sworn to by him detailing the time frame within which the directions issued by us towards the recovery of the amount of 5.20 crores will be completed.
"We make it clear that no circumstances will the time granted for compliance with the earlier directions be extended beyond January 31," the court added.
