KOCHI: The Kerala High Court on Tuesday flayed the act by the Justice G Sivarajan Commission of sending murder convict Biju Radhakrishnan, a key accused in the Solar scam case, along with a police team for recovering CDs allegedly containing video evidence to substantiate his allegations against Chief Minister Oommen Chandy and others in the case. When the prosecution pointed out that Biju had revealed that a copy of the controversial CD was in Dubai, the court asked whether a team would be sent to the U.S. if Biju said one copy of CD is kept there. Justice B Kemal Pasha made the oral observation while considering a petition filed by K M Sajjad of Kunnathunad, Ernakulam, seeking a directive to the Perumbavoor Judicial First Class Magistrate to expeditiously close a crime registered in connection with the solar scam.
“Though further examination of the petitioner was allowed on an application filed by Biju, he or any other witnesses has not been examined yet, mainly due to the deliberate non-appearance of Biju.
“The jail authorities are deliberately protracting the matter and the Magistrate Court is not taking serious steps to ensure appearance of the accused for completing the trial,” submitted the petitioner.
The petitioner also pointed out that Biju and Saritha S Nair, another key accused in the case, had significant clout in the political and financial fields, and that the jail authorities were colluding with them to delay the trial.
“The inordinate delay in disposing of the criminal case against the accused may help them influence the witnesses,” it was submitted.
During the argument, the court orally observed that Biju should not have been allowed to travel with policemen and advocates to fetch the CD, without prior permission of the Sessions Court since he is a murder convict.
