KOCHI: Former chief minister and Congress leader Oommen Chandy on Monday approached the Kerala High Court, seeking to quash the findings of the solar inquiry commission against him and his former colleagues.Chandy submitted that the findings of the commission based on a letter allegedly written by Saritha S Nair, accused in the scam, are illegal. By placing the report before the Legislative Assembly, the letter and the pernicious references about people in public life, including the petitioner, have become part of official records. The reputation of the petitioner, along with others, has been severely affected by the commission’s arbitrary conduct as well as the action taken by the chief secretary.
The plea said there was no notification by the government empowering the commission to look into a matter that was not part of the original terms of reference. The alleged letter in relation to sexual exploitation and harassment are matters that can only be inquired into and probed under the provisions of the Code of Criminal Procedure and not by a commission of inquiry. After the commission had submitted its report, the state government hastily conducted a press conference and supplied a press note that was defamatory. The government also issued an order appointing a special investigation team to inquire into the matter.
The plea said the report that was framed solely on the basis of a fabricated letter is arbitrary. The letter was made part of the report without examining its authenticity, and arrived at a wrong conclusion, indicting him and former ministers, MLAs and certain police officers in the serious allegation of rape and molestation. The commission’s observations had caused serious injuries to his reputation and violated the right to privacy. The report was replete with illegality and political motives.
Chandy stated the commission had gone beyond its terms of reference. It had no right to inquire into the grievances of the accused as the commission was appointed to inquire into the grievances of the victims from whom the accused, Saritha Nair, had swindled large amounts of money. Chandy said the procedure adopted by the commission was vitiated on account of the fact it included individuals belonging or affiliated to political parties, who converted the process into adversarial proceedings, contrary to the very concept of the Commission of Inquiry Act. Chandy sought to expunge the remarks made by the commission against him and other Congress leaders on the allegation of rape.
Judge recuses himself from hearing case
When Oommen Chandy’s plea came up for hearing, Justice Shaji P Chaly recused himself from hearing the case. The plea will come up before another judge on Tuesday.