The New Indian Express ·
‘Failed Messi's visit to Kerala’ probe: Legal opinion flags sponsor-AFA deal, Minister's foreign tour
KOCHI: The legal opinion given by the director general of prosecution’s office in connection with the probe into the alleged corruption linked to the failed Lionel Messi visit suggested examining who authorised the sponsoring company to execute the agreement with the Argentina Football Association (AFA) for and on behalf of the Government of Kerala, particularly since the agreement allegedly involved the financial enrichment of private individuals without cabinet approval.
“If it is established that any minister or other public servant, private individual, intermediary, or other entity, at any stage, improperly or dishonestly performed any public duty in violation of the law, in anticipation of, or as a consequence of, accepting an undue advantage from any person or company, such conduct could constitute an offence punishable under the Prevention of Corruption Act,” the legal opinion said.
The communication also said that if any minister or other public servant had undertaken a foreign tour in connection with the event by utilising public funds or citing a public purpose or cause, the matter should be examined to determine whether such expenditure amounted to the conversion or use of public money for personal purposes and thereby constituted criminal conduct under Prevention of Corruption Act.
According to the legal opinion, the alleged financial transactions between the sponsor and foreign entities should also be subjected to detailed investigation by the competent authorities. If any amount was transferred by an Indian sponsor to a foreign entity, including the AFA, in violation of the Foreign Exchange Management Act, the matter would require probe.
Any payment or transfer of funds to the credit of a person or entity outside India without the general or special permission of the Reserve Bank of India, where such permission is required, should also be examined. Similarly, any liability under the Integrated Goods and Services Tax (IGST) law, if established, should be probed.
The legal opinion further stated that it should be investigated whether the source of funds of the sponsor, or of any other person associated with the sponsor, was derived directly or indirectly from criminal activity, or whether any such funds had been taken or held outside the country. If established, such funds could constitute proceeds of crime falling within the purview of Prevention of Money Laundering Act.
As the sponsor is a company registered under the Companies Act, it also recommended examining whether there were any elements of fraud or wrongful gain in the transactions that would warrant an investigation by the Serious Fraud Investigation Office (SFIO).
T’Puram: The SIT, constituted to probe the alleged irregularities surrounding the unfulfilled proposal to bring Lionel Messi and Argentina football team to the state, will seize the documents related to the matter from the sports department for verification.
Only after verifying the documents and completing the ground work will police register an FIR. These decisions were taken during the SIT’s maiden meeting chaired by Law and Order ADGP P Vijayan, who heads the team. Statements of former sports minister V Abdurahiman and members of his personnel staff will be recorded later