What the Solar Judicial Inquiry Commission report says

The findings of the Solar Commission, legal advice by the Advocate General and Director General of Prosecution and decisions taken by the government

Published: 12th October 2017 01:12 AM  |   Last Updated: 12th October 2017 08:10 AM   |  A+A-

By Express News Service

KOCHI:  The findings of the Solar Commission, legal advice by the Advocate General and Director General of Prosecution and decisions taken by the government

Findings: Oommen Chandy directly and through personal staff members Tenny Joppen, Jikkumon Jacob, gunman Salim Raj and Kuruvilla of Delhi extended favours to Team Solar and Saritha Nair to dupe customers. Then Home Minister Thiruvanchoor Radhakrishnan illegally influenced police officials to bail out Chandy from criminal offence. 

Advice: Since Chandy, directly and through others, collected bribe, a vigilance case can be registered under Sections 7, 8, 9 and 13 of the Prevention of Corruption Act. Criminal case can be registered against Thiruvanchoor. Regarding cases at Perumbavoor and Konni police stations, further probe can be carried out. 
Decision: Vigilance case to be registered against Chandy and staff under PC Act. Further probe by Special Investigation Team (SIT) against Chandy and staff on criminal charges. Criminal case to be registered against Thiruvanchoor and SIT to probe.

Findings: Former Power Minister Aryadan Muhammed extended illegal favours to Team Solar and Saritha. 

Advice: Similar action as in the case of Chandy and Thiruvanchoor.
Decision: Cases to be registered. Vigilance and SIT to be probe charges.

Findings: The SIT that probed the solar charges attempted to bail out Chandy with a criminal intention. The SIT failed to verify the call data record and other documents on the criminal role played by state ministers, government officers, Union ministers, MLAs and police officials who probed the case. 

Advice:  Department-level action can be initiated against SIT members for the conspiracy to bail out Chandy and not investigate the role of ministers, MLAs and officials. Cases can be registered against IG K Padmakumar and DySP K Harikrishnan for destruction of evidence and trying to rescue culprits. 
Decision: Cases to be registered against K Padmakumar and K Harikrishnan for evidence destruction. Department-level action to be initiated and to be moved out of their post. The new SIT will probe the role of officers, including the former SIT chief ADGP A Hemachandran. 

Findings: Ministers who attended Team Solar company’s inauguration, MLAs who recommended solar streetlights, along with Thampanoor Ravi and Benny Behanan who tried to settle the cases, attempted to bail out Chandy. 

Advice:  Criminal case should be registered against Ravi and Behanan for trying to protect the accused, disrupt the investigation and destroy evidence. 
Decision: Criminal case to be registered against Ravi and Behanan and SIT to probe. 

Findings: There’s evidence those who found a mention in Saritha’s letter, dated July 19, 2013, contacted her and her advocate over phone.

Advice: Based on the evidence and depositions came before the Commission, sexual harassment and rape against Saritha been proved. However, SIT did not investigate into this aspect. Cases under IPC can be registered against those mentioned in the letter for sexual harassment, outraging the modesty of woman and rape. 
Decision: SIT to register criminal cases against them and investigation to be carried out. 

Findings: Recommends strong action against Kerala Police Association former secretary GR Ajith for violating discipline. Check whether PC Act can be invoked against them. 

Advice: Department-level action can be initiated and case under PC Act can be taken regarding the allegation that Police Association and its then general secretary Ajith took a bribe of Rs 20 lakh from solar scam accused.  
Decision: Department-level action to be taken and vigilance probe to be carried out after registering a case.

Findings: Investigation by an effective agency needed to come up with proposals to uphold the discipline of police force. Procedures are not being followed by jail authorities and police officers while prisoners are being taken to be produced before the court. 

Advice: Government can appoint a commission to come up with report to make police force more efficient, effective and unbiased. The Commission can look into functioning of the police association and guidelines to be followed while producing accused before court.
Decision: A commission chaired by retired High Court judge Justice CN Ramachandran Nair to be appointed. Former chief secretary Neela Gangadharan and former jail DGP Alexander Jacob to be members. Commission to submit its report in six months. 

Findings: To ensure security of Secretariat, CCTV visuals from here should be retained for at least one year. Or a 500 GB hard disc should be kept. Every 15 days the visuals should be transferred and stored in safe custody. 

Advice:  Government should take a call as it is an administrative matter. 
Decision: Home Department additional chief secretary to look into the matter. 

Findings: The ANERT under the Power Department can be efficiently run to ensure effective implementation of various projects for using solar energy. 

Advice: Government should take a call since it is an administrative matter. 
Decision: Power Department additional chief secretary to look into the matter. 

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