KOCHI:The Kerala High Court, while expunging the adverse remarks against former Chief Minister Oommen Chandy in the solar probe report, observed he cannot contend there was no deliberation of the solar issue, and consequent formation of any opinion, by the government for appointing the Commission of Inquiry.
In his petition, Chandy contended that before a Commission of Inquiry is appointed, the government has to form an opinion that an inquiry is necessary and the probe must be for inquiring into a definite matter of public importance. He said the state government had not produced any material to show these twin requirements were met.
The court said it was also significant to note the petitioners, who were the then Chief Minister and Home Minister, issued the notification appointing the Commission. Now, they could not contend that the necessary pre-conditions for the exercise of a statutory power in public interest were not complied with, without inviting public criticism. It was clear the decision to appoint the Commission was taken at the meeting of the council of ministers and, it was after due deliberations at various levels that the terms of reference were formulated at the Cabinet meeting. The court rejected the Chandy’s contention the pre-requisites for invoking the power under the section of 1952 Act, to appoint the COI, were not satisfied in the case.