Kerala HC dismisses petition challenging Padma Bhushan award to Vellappally Natesan

The Kerala High Court the other day dismissed a Public Interest Litigation (PIL) that challenged the Union government’s decision to confer the Padma Bhushan award on Sree Narayana Dharma Paripalana (SNDP) Yogam General Secretary Vellappally Natesan, holding that the mere pendency of criminal cases does not constitute a valid ground to invalidate a national honour conferred by the President.

A Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V. M. dismissed the PIL challenging the conferment of the Padma Bhushan, stating that the mere registration of an FIR or pending complaints cannot disqualify a candidate from receiving national honours. The court dismissed the PIL stating that that mere registration of an FIR or pending complaints cannot disqualify a candidate from receiving national honours. The court emphasised that the trial has not commenced in these cases, and further proceedings in one case have already been stayed by the Supreme Court of India.

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The court said that the statutory framework governing Padma Awards itself provides a mechanism for cancellation of the award if circumstances warrant such action in the future.The court made it clear that if Natesan is ultimately convicted in a court of law, the President of India retains the constitutional authority to cancel or annul the award and remove his name from the state register. Until then, judicial interference in executive discretion is unwarranted.

Vellappally Natesan was selected for the Padma Bhushan, India’s third-highest civilian honour, in recognition of his contributions to social service in Kerala. The award was formally conferred on him by the President of India.

The petition was filed by a Kollam-based trust, the Sree Narayana Dharma Prabodhana Samrakshna Samithi. They argued that the prestigious civilian honour should be revoked due to several pending criminal and vigilance cases against Natesan, including financial embezzlement and the high-profile Microfinance scam

According to the petitioner, honouring a person against whom multiple criminal proceedings were pending would undermine the dignity and credibility associated with one of the country’s highest civilian honours. It was argued that such a decision violated the constitutional guarantee of equality under Article 14 of the Constitution and eroded public confidence in the process governing national awards. The petitioner accordingly sought a declaration that the conferment of the Padma Bhushan was arbitrary and illegal, together with a direction quashing the award.