THE High Court in Suva has dismissed an application by a resident priest seeking leave to take judicial review over alleged police failure to investigate long-standing fraud allegations involving properties belonging to the International Society for Krishna Consciousness (ISKCON).
In a ruling delivered on September 30, Justice Savenaca Banuve refused leave to Siri Ram Reddy and ordered him to pay the State $750 in legal costs within 14 days.
Mr Reddy, who represented himself, had applied for leave to seek orders to compel the Commissioner of Police to investigate alleged property fraud and financial irregularities dating back to 1984 involving ISKCON properties and members of the Punja family.
Justice Banuve ruled that Mr Reddy failed to disclose an arguable case with a realistic prospect of success. The court noted that Mr Reddy had failed to specify the decisions which he sought to challenge and the legal grounds for challenging them. He also noted that case had been brought after the applicable three month limitation period had expired.
The judge said that the Commissioner of Police retains discretion over investigative priorities and resource deployment under the Police Act.
He added that police had previously investigated and closed the complaints, and that the dispute is essentially a private matter that should be pursued through civil proceedings rather than judicial review.
He concluded that the manner in which Mr Reddy had made allegations based on ‘mere assertions, suspicion and speculation constitutes an abuse of process’.
