CSR Fund Scam: Plea before Supreme Court challenges removal of retd Justice Ramachandran Nair's name from accused list

An SLP has been filed before Supreme Court of India challenging the Kerala high Court's decision to exclude the name of former judge Justice CN Ramachandran Nair, from the array of accused, in all FIRs registered against him in the CSR Fund Scam case.

The case involves over 3,000 complaints being filed, with investigations estimating the total fraud amount at ₹ 500 Crores.

Instant SLP has been filed by ‘Joint Voluntary Action for Legal Alternatives (JVALA)’, ‘Mithram Charitable Trust’, and ‘Kottakunnu Agro and Poultry Farmers Producer Company Limited’—who were not parties before the High Court but are victims of the CSR Fund Scam in Kerala, perpetrated through the so-called ‘National NGOs Confederation'

In February this year, High Court's division bench comprising Justices A Muhamed Mustaque and P Krishna Kumar had directed the State investigating agencies to delete Justice Nair's name.

An FIR was registered at Perinthalmanna Police Station, Kerala on February 6, 2025 under Sections 318(4) r/w 3(5) of the Bharatiya Nyaya Sanhita (BNS) Act, 2023, based on a complaint regarding misappropriation of funds collected from various NGOs under the pretext of providing subsidized equipment and vehicles. Said FIR named three accused including Justice Nair who was the Advisory Chairman of the National NGOs Confederation. 

Notably a PIL was filed before the High Court challenging registration of said FIR against Justice Nair, contending that the complaint did not disclose any cognizable offense against him.

Top Court has been told that on the first day/ admission hearing of the said PIL, the Director General of Prosecution submitted a written statement stating that Justice Nair had no role in the day-to-day functioning or financial dealings of the organization and that preliminary verification showed no payments were received by him.

"High Court just considered the Written Statement filed by the Director General of Prosecution and directed the Investigating Officer to delete the name of Justice C.N. Ramachandran Nair (Rtd.), from all the FIRs registered against him", the SLP filed through Advocate Suvidutt MS submits.

"The impugned judgment sets a dangerous precedent by permitting the premature exclusion of accused persons from the scope of criminal investigation merely on the basis of a preliminary inquiry, thereby undermining the cause of justice and the effective investigation of serious economic offences....", the supreme court has been told.

As per the petition, High Court has failed to appreciate that the Trust Deed of National NGO's Confederation specifically mentioned Justice Nair's role as Advisory Chairman and his involvement in the organization's affairs. 

Case Title: JVALA and Ors. vs. State of Kerala & Ors.