SC Halts Kerala HC Order Quashing FIR Against Ex-DGP Jacob Thomas in Dredger Scam Case

The Supreme Court, on Tuesday, put a hold on a Kerala High Court judgment that invalidated a first information report (FIR) filed against Dr. Jacob Thomas, former Director General of Police (DGP), concerning a corruption case. Justices Abhay S Oka and Sanjay Karol made it clear that the stay was granted solely to aid the ongoing investigation and urged Thomas to fully cooperate.

Two petitions contesting the Kerala High Court's ruling were heard by the apex court. The State's failure to file an appeal against the High Court's decision had previously drawn the Supreme Court's attention. Following this, the State submitted an appeal, which was duly noticed by the apex court.

The contested High Court order quashed an FIR initiated by the Special Investigation Unit of the Vigilance and Anti-Corruption Bureau. The allegations against the senior IPS official accused him of exploiting his position for personal financial gain at the government's expense. Thomas faces charges under Section 13 of the Prevention of Corruption Act and Section 120B (criminal conspiracy) of the Indian Penal Code.

The appeals argued that the High Court's decision to halt the ongoing investigation was a significant error, particularly given the serious allegations of financial misappropriation against Thomas. The FIR was initiated following a preliminary inquiry by the Vigilance and Anti-Corruption Bureau. Importantly, the complaint contended that this was not an isolated instance of power abuse by Thomas, with similar proceedings active in Kerala, Tamil Nadu, and Karnataka.

The appeals maintained that the High Court overlooked the principle that the authority to quash an FIR should be exercised sparingly and only under exceptional circumstances. Even if the FIR were deemed malicious, the appeals argued, this would not be sufficient grounds for quashing the case if substantial evidence supported continuing the investigation.

Author: Anushka Taraniya

News Writer, MIT ADT University