The Opposition Left Democratic Front (LDF)’s answer to that question is an emphatic yes. Both Leader of the Opposition, V. S. Achuthanandan and CPI(M) state secretary, Kodiyeri Balakrishnan have accused the government of trying to save Finance Minister K. M. Mani by securing a clean chit from the Vigilance Department’s legal adviser and public prosecutor, C. C. Augustine.

VS has said that the advice constitutes an open violation of the rule of law. Augustine, VS said, had been severely criticized by the High Court for his efforts to scuttle the prosecution of palmolein case in which Chief Minister Oommen Chandy is allegedly involved.

In fact, the Government should have removed Augustine from the post of public prosecutor and legal adviser to the Vigilance Department for his dubious role in the palmolein case, VS demanded, adding that the same man is now desperately trying to save Mani from the bar bribery case.

Legal experts say there are at least half a dozen orders given by the Supreme Court and high courts that it is the sole prerogative of the investigation officer whether to charge-sheet an accused or not. Also, legal advice from anyone, including public prosecutors should not influence the investigation officer in taking a decision on charge-sheeting the accused. In the bar brinery case, the Kerala High Court had asked the Vigilance investigation officer not to be swayed by what the government says or does to scuttle the probe.

In the Taj Corridor case of 2007 in the Supreme Court, Justice SH Kapadia has said:”As stated by this court in the Sarla case (Sarla Vs Velu case), the formation of opinion, whether or not there is a case to place the accused on trial has to be of the officer in charge of the police station. One fails to understand why an opinion of senior public prosecutor had been taken in the present case. He is not a member of the hierarchy.”

That the Congress-led UDF Government has tried to scuttle the bar bribery case probe is clear from the statement of ADGP Jacob Thomas that the vigilance team is clearly under pressure to give a clean chit to K M Mani.

The Congress is trying to fool the people. On the one hand, Home Minister Ramesh Chennithala has been stating that the probe against Mani would be completed without any interference. But Chief Minister Oommen Chandy is trying his level best to save Mani by securing a favourable legal advice from Vigilance legal adviser and public prosecutor, Augustine.

But VS is determined to see that the probe in the bar bribery case is not scuttled. He has said that he would go to any extent to ensure that Mani is penalised. “Like the palmolein case, the bar case would also witness a protracted legal battle. And I shall take the initiative for the same,” Achuthanandan has asserted.

And that is certainly bad news for Mani. It may be mentioned, VS had pursued for over 20 years the Edamalayar case in which former Electricity Minister in the UDF Government, R. Balakrishna Pillai was jailed by the SC. The Opposition believes the same fate will overtake K M Mani.

Meanwhile, CPI(M) state secretary has challenged Mani to take the lie detector test if he was so sure of his innocence. That he has refused to do so, unlike Bar Owners Association (BOA) working president, Biju Ramesh who came up with the bribery allegations against Mani, is self-explanatory, Kodiyeri said. (IPA Service)