The Supreme Court of India, on April 30, stayed the Kerala High Court’s order directing the Central Bureau of Investigation (CBI) to file an FIR against K.M. Abraham, the Chief Principal Secretary to Kerala Chief Minister Pinarayi Vijayan. The case pertains to allegations that Abraham possessed assets beyond his known sources of income.
“The investigation cannot move forward without proper legal sanction as required under Section 17A of the Prevention of Corruption Act,” argued Senior Advocate R Basant, appearing on behalf of Abraham.
Read Also:- Supreme Court Directs Inclusive eKYC Norms, Recognises Digital Access as Fundamental Right
A two-judge bench consisting of Justice Dipankar Datta and Justice Manmohan issued this interim stay while hearing a Special Leave Petition filed by Abraham. The bench also served notices to the CBI, the Kerala State Government, and petitioner Jomon Puthenpurackal.
The issue at hand relates to a pending legal question — whether prior government sanction is needed for registration of an FIR when a court directs such an investigation under the Prevention of Corruption Act.
Senior Advocate Jaideep Gupta, representing the State of Kerala, supported the view that sanction is mandatory before proceeding with registration of the FIR.
Read Also:- Supreme Court: In Cross-FIR Cases, Both Must Be Investigated Together-Unfair to Quash Only One
Earlier, on April 11, the Kerala High Court, through Justice K Babu, had directed the CBI to investigate Abraham. This came in response to a petition filed by activist Jomon Puthenpurackal, who had challenged a 2017 Vigilance Court decision that closed the case.
The High Court found fault with the Vigilance Court's approach and stated:
“The Vigilance Judge, in a casual and perfunctory manner, blindly accepted the quick verification report and came to the conclusion that no cognizable offence under the PC Act had been revealed.”
Read Also:- Supreme Court Upholds Validity of Consumer Protection Act's Pecuniary Jurisdiction Rules
Based on this finding, the High Court overturned the Vigilance Court’s closure order and handed the case over to the CBI. It directed the Kochi unit of the CBI to register an FIR based on the complaint, statements, and preliminary inquiry findings related to the case.
The allegations stem from Abraham’s time as Additional Chief Secretary in the Finance Department, where he is accused of amassing wealth not matching his known sources of income.
Abraham currently holds the post of Chief Principal Secretary to the Chief Minister and also serves as the CEO of the Kerala Infrastructure Investment Fund Board (KIIFB).
The legal proceedings in this matter continue as the Supreme Court has temporarily halted the CBI probe while awaiting further deliberations on the necessity of prior sanction under Section 17A of the Prevention of Corruption Act.
Case Reference: K.M. Abraham vs. Jomon Puthenpurackal | Diary No. 22248/2025
