THIRUVANANTHAPURAM: The Justice CN Ramachandran Nair Commission probing the Vizhinjam port deal is fast nearing the end of its tenure. But the state government has not yet thought it fit to address the concerns raised by the panel about its terms of reference (ToR).
On Tuesday, the Commission held its 13th sitting here. But the chairman noted the panel continues to be ''circumscribed'' by the ToR which ''presumed'' the report of the Comptroller and Auditor General of India (CAG) on the deal was correct. The LDF government had constituted the Commission to probe irregularities alleged in the Vizhinjam port deal between the UDF Government and the Adani Group.
But the Commission, in its first sitting in Kochi in February 2018, had sought clarifications regarding the ToR. To date, they have not been provided. The Commission's tenure ends in July, and the panel plans to hold its final sittings in Kochi on June 4 and 5 ahead of submitting its report by the first week of July.
Sources close to the Commission said the ToR was a 'loaded' one as it presumes the CAG report to be correct. On the other hand, many individuals - including former CM Oommen Chandy - who deposed before the Commission have questioned the very accuracy of the CAG report, which has left the Commission stuck on the horns of a dilemma. At Tuesday's sitting, the Commission observed that any person who has grievances concerning the ToR can approach the courts.
The CAG, in a report tabled in the Assembly in May 2017, had concluded the conditions of the concession agreement signed between the Chandy Government and the Adani Group were not favourable to the state.
The report said it allowed ''undue benefit to the private partner,'' the Adani Group. The findings were made public in the CAG report on the public sector undertakings for the year ended March 31, 2016.
Subsequently, the Pinarayi Vijayan Government appointed the Commission headed by Ramachandran Nair and consisting of former Shipping Secretary K Mohandas and former IA&AS officer P J Mathew as members to probe the deal.