KOCHI: In a major relief to former Chief Minister Oommen Chandy, the Kerala High Court on Tuesday expunged all remarks and findings by Solar Inquiry Commission on the letter written by Solar scam accused Saritha Nair alleging sexual harassment against the veteran Congress leader.
The Court issued the order while partly allowing the petition filed by Chandy seeking to quash the commission report. However, the court dismissed the petition filed by former Minister Thiruvanchoor Radhakrishnan seeking to quash the Commission report.
The court said that "the reference to the letter by Saritha dated July 19, 2013, the reproduction thereof, the observations, findings on the sexual allegations therein, and the suggestions and recommendations based thereupon, in the report of the commission, shall stand expunged there from."
The Court also directed that the state government shall treat the report of the Commission of Inquiry as comprising of only those parts as have not been expunged through the judgement. "Consequently any action taken by the state government based on the report of the Commission including any press note issued shall be reviewed accordingly." With this order the state cannot move forward against Chandy based on the sexual allegation by Saritha Nair.
Chandy submitted there was no notification by the government empowering the Commission to look into a matter which was not a part of the original terms of reference. The alleged letter in relation to sexual exploitation and harassment are matters, which can only be inquired into and investigated under the provisions of the Code of Criminal Procedure and not by a Commission of Inquiry.
The state government stated that the Solar Commission is perfectly justified in recommending the authorities to have a proper investigation on the allegations of sexual exploitation levelled by Saritha Nair one of the accused in the solar cheating cases.
The government added that there was no evidence before the Commission that the letter was a fabricated one. In fact, the Commission never endeavoured to find out the veracity or otherwise of the allegations made in the letter dated July 19, 2013, but the Commission took note of the allegation since it was very much relevant in the inquiry. The Commission had only pointed out that very grave allegations were raised in the letter and that the truthfulness or correctness had to be inquired into by the competent authority.