NEWDELHI: The Supreme Court on Thursday disposed of a special leave petition, seeking a stay on the probe against V S Achuthanandan in a case related to the handing over of the State Data Centre to Reliance Communications in 2009.
A Bench, comprising Justice H L Dattu and Justice Anil R Dave, dismissed the petition filed by T Gopinathan Nandakumar as Senior Counsel P S Narasimha argued that the court is being used as a platform to settle political scores.
However, Advocate-on-record in the case B K Devesh said that they would file a review petition in the High Court. The UDF Chief Whip P C George had filed a Public Interest Litigation (PIL) in the Kerala High Court alleging that rules were openly flouted in the award of the contract. He had also come up with certain documents against the petitioner Nandakumar, who was also alleged to be involved in the handover. The High Court had disposed of the matter after the Advocate General (AG), on the second day of the hearing, said that the government had decided to refer the matter to the CBI.
Narasimha submitted that the high court had passed an ex parte order and had merely recorded the statement of the State Advocate General that a decision had been taken to entrust the matter to the CBI.
He said the high court had recorded the AG’s statement and disposed of the writ petition filed by P C George, stating that nothing remained for consideration.
Citing a Constitution Bench decision, he added that there must be prima facie materials for the court to come to the conclusion to order a CBI probe, but here there were no materials before the court.