State govt tenders unconditional apology before Kerala HC for delay in recovery from PFI
Dec 24, 2022
Kochi [India], December 24 : The Kerala Government tendered an unconditional apology to the Kerala High Court for not complying with its direction of recovery of damages from the proscribed outfit Popular Front of India (PFI) and its Secretary.
The Kerala government also submitted that there was no wilful failure to execute the court order.
While hearing on Monday, the court made it clear that the time granted for compliance with the earlier directions will not be extended beyond January 31.
Earlier on September 30, Kerala High Court ordered PFI to deposit Rs 5.20 crore within two weeks towards damages caused to Kerala State Road Transport Corporation (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 underlined on September 30.
While the hearing on Monday, 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 banned organization as well as the personal assets of the office bearers including the secretary for the realization 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, December 23, 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 under any circumstances the time granted for compliance with the earlier directions will not be extended beyond January 31," the court added.
