KALLARA SUKUMARAN Vs. RAGHUCHANDRA BAI
HIGH COURT OF KERALA
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(1.)These three writ petitions can be disposed of together. In OP 14660 of 1992, the petitioner initially prayed for the issue of a Writ of Mandamus directing the Chief Minister of Kerala (third respondent) to order a CBI investigation into the alleged spirit smuggling into Kerala recently through unauthorised channels and to find out the circumstances which led to the alleged failure of the State Government to procure or import 25 lakh litres of rectified spirit as per the contract entered and also to direct the Director, CBI, New Delhi (fourth respondent) to take up investigation. A further relief is sought to direct the CBI to investigate the alleged role played by the Minister for Excise, State of Kerala (first respondent) and the former Chief Secretary to the State Government (second respondent) to scuttle the contract to import 25 lakh litres of rectified spirit during the last Onam Festival and also to direct the Chief Minister (third respondent) to divest off Excise Portfolio from the first respondent till the completion of the investigation for a proper and fair investigation into the allegations. An amendment was made subsequently seeking appointment of a Commission of Inquiry under the Commissions of Inquiry Act, 1952 (hereinafter referred to as "the Act").
(2.)In O.P.No.15231 of 1992 and O.P.No. 15766 of 1992, respective petitioners have sought similar directions for an inquiry by the CBI.
(3.)Respondents have filed counter affidavits stating that the petitioners have no locus standi and, in any event, this Court cannot issue a writ of mandamus compelling the Central or State Government to direct an inquiry by the CBI or to appoint a Commission of Inquiry into the allegations against the Excise Minister and others.
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