Kerala HC recalls bail order amid bribery scandal: What is the case

Advocate Saiby Jose Kidangoor is the president of the Kerala High Court Advocates Association (KHCAA), currently facing accusations of taking large sums of money from his clients to “obtain favourable verdicts from judges”. He was elected president of KHCAA in December last year.

How did the allegations surface?

The accusations against the KHCAA president gained ground earlier this month, after social media posts from advocates claimed that Kidangoor was taking sums of Rs 25-50 lakh from his clients, promising them the desired verdict from some High Court judges.

When Justice PV Kunhikrishnan was apprised of these allegations, he directed the Registrar General of the Kerala High Court to submit a report to the Chief Justice, informing him of the allegations. Following this, the High Court’s vigilance wing began looking into the allegations against Kidangoor.

Acting on the findings of the vigilance wing’s probe, which upon examination and recording of statements from lawyers found sufficient material to prove the allegations under Section 2 (c) of the Contempt of Courts Act and Section 35 of the Advocates Act, a full court, including all Kerala High Court, judges sought a police probe in the matter and asked the state police chief to file a report.

Similarly, it was on the basis of this report that the Bar Council of Kerala decided to initiate disciplinary action against Kidangoor.

The Bar Council of Kerala on Monday initiated suo motu proceedings and a probe into the allegations against Kidangoor after an anonymous complaint accusing the lawyer of being “an agent of the judges” was forwarded to it from the Union Law Ministry.

In a letter to the Union Law Minister Kiren Rijiju, the complainants said Kidangoor has “close acquaintance” with most HC judges and claims to secure favourable verdicts by influencing the judges. Thereafter, the Bar Council sought a response from Kidangoor on the allegations leveled against him, following an emergency meeting headed by its chairperson K N Anil Kumar.

What has the Kerala HC said so far?

On January 23, Justice Ziyad Rahman of the Kerala High Court recalled an order from April 29, 2022, granting anticipatory bail to two men accused of intentionally insulting or intimidating with intent to humiliate, and abusing members from the scheduled castes or tribes by caste name in any place within public view, as covered under Sections 3(1) ( r ) and 3 (1) (s) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, in addition to Sections 506 and 34 of the Indian Penal Code, which include criminal intimidation and acts done by several persons in furtherance of common intention respectively.

Acting on a petition seeking a rehearing of the case on grounds of non-issuance of notice to the de facto complainant, Babu T., the Court agreed that the order was passed in contravention of Section 15A(3) of the SC-ST Act which accords the right to reasonable, accurate and timely notice of proceedings to the victims. Citing the principle of “Audi Alteram Partem”, the court added that its earlier order was “in violation of the principles of natural justice” and “could be recalled”.

Following this, on Monday, the victims in the case complained to the HC registrar and sought a probe into purported lapses on the part of the government pleader in the case.