Ruling out the prospects of ordering a re-investigation into the charges of involvement of Deputy Chairman of the Rajya Sabha P J Kurien in the Suryanelli sex scandal, Home Minister Thiurvanchoor Radhakrishnan on Monday said that under the existing laws the government cannot order a reprobe against Kurien on the basis of the complaint of the victim.
He told a news conference held at the media room of the Assembly that under Section 300 of the CrPC and Article 20(2) of the Constitution, no person could be prosecuted for the same offence more than once.
He pointed out that government had taken the position that the case’s merit should be considered. ‘’We cannot act on the basis of someone raising slogans against someone,’’ he said.
Thiruvanchoor said that the victim in the Suryanelli case had raised the same allegation 17 years back and Kurien was exonerated after going through all the legal formalities. He pointed out that the High Court and the Supreme Court had exonerated Kurien on the basis of the investigation led by Sibi Mathews. And it was the LDF Government under E K Nayanar which constituted the probe team.
Referring to the former SP K K Joshua’s revelations against Kurien, Thiruvanchoor said that the government cannot take his revelations seriously as none of the other officers including Neera Rawath had stated anything against Sibi Mathews. The Home Minister said it was during the time of the V S Achuthanandan ministry in November 2007 that the Supreme Court dismissed the Special Leave Petition (SLP) against the High Court verdict discharging Kurien.
He pointed out that the LDF Government had not filed an appeal against it.
‘’After waiting for 4 years, now the LDF is trying to create a smokescreen. It is political immorality,’’ he said.
Thiruvanchoor said that the LDF had all the opportunity to question the findings of the Investigation team if it had any doubts that the Sibi Mathews-led team had committed any lapses.
Asked whether the government would consider reviewing the case in the background of the new ordinance on crimes against women introduced by the Central Government, Thiruvanchoor did not give a clear reply.
He, however, said that the government had received a letter from the Opposition leader V S Achuthanandan calling for a re-investigation.
As it was a request from the Opposition leader, the government had referred the matter to the consideration of the Director-General of Prosecutions(DGP) to find out whether there was anything new in the victim’s complaint. The Advocate- General had rescued himself from hearing the complaint on the premise that he had appeared on behalf of an accused in the Suryanelli case 10 years back.
Earlier, Government chief whip P C George told mediapersons that there was no scope for re-probe against Kurien. He said that Achuthanandan had done nothing to bring justice to the victim during the tenure when he was chief minister.