The Kerala high court on Monday asked the state government to clarify on the guidelines that were relied upon to register cases against MonaVie India Enterprises. The direction by justice T R Ramachandran Nair was while considering a petition by MonaVie challenging freezing of its bank accounts by the police.
The court asked the state to clarify whether any reports have been filed in any court against MonaVie. It directed the police to inform about the accounts that were ordered to be frozen and whether any report has been filed regarding the freeze to any court.The state had submitted last week that it hasn't permitted any MLM company flouting guidelines, to function.The submission was in response to MonaVie's contention that it is operating after obtaining necessary permission. Appearing in the case, special government pleader Sujith Mathew Jose had submitted that MonaVie violated the guidelines issued by the government for direct selling. Its operation is also in violation of the provisions of Prize Chits and Money Circulation (Banning) Act of 1978, the government contends.
MonaVie is alleged to have duped around Rs 12 crore from investors.
A petition by MonaVie's distributor M Shamsudeen alleging contempt of court by the government in his arrest is also pending before the high court.
It cannot be believed that illegal sand mining was being carried out in such an open place without the knowledge of superior officers in police, the court observed.
The observation by justice P Bhavadasan was while disposing anticipatory bail applications related to the death of a sand mining worker, who was murdered when he questioned mining by policemen.
The court was considering bail applications by Sajil and Vikaraman, the third and fourth accused, in the death of mining worker Vijayan at Mavila Mannadi river at Thiruvananthapuram. Two policemen, Jalalmon and Joy, are the first and second accused in the case.
The court's observation about illegal activities by policemen was after noting that the case diary prima facie reveals the role of the policemen.
According to prosecution, a scuffle broke out between Vijayan and the policemen while engaged in mining on August 21. When Vijayan advanced, by swimming, to the boat in which the policemen were in, he was kicked and pushed out onto a gorge, where he drowned.
The accusation against the third and fourth accused is that they didn't try to save Vijayan though they were on the banks of the river. In their bail applications, Sajil and Vikraman alleged that they were made the main accused in the case by the investigating officer to save the policemen.
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