KOCHI: Exorcising a spectre that has been haunting Pinarayi Vijayan for around two decades, the Kerala High Court on Wednesday gave a clean chit to him in the sensational SNC-Lavalin case. During the investigation, the CBI found out a story of extended conspiracy, and ‘picked and chose’ Pinarayi Vijayan alone on a wild allegation of conspiracy without any legal and supporting materials, the single judge order said. “There was no explanation why the CBI did not probe the failure on the part of the other ministers, who succeeded Pinarayi. It was not a case of failure on the part of one minister alone,” the 102-page order said.
Pointing fingers at the lapses in the CBI probe, the court said the final report had not alleged anywhere Pinarayi had derived or obtained any sort of benefit out of the deal.
The court also confirmed the acquittal of first accused K Mohana Chandran, former Principal Secretary to the government, Electricity Department, who later became chairman of KSEB, and eighth accused A Francis, the then Joint Secretary, Electricity Department. The three persons, including Pinarayi, had no direct role in the making of the consultancy contracts or the supply contracts. They also had no involvement in the modernisation and renovation projects.
In the absence of any material or circumstances to show the three persons had any sort of involvement as part of any conspiracy, they cannot be roped in under section 120 B, the court said, adding the sections under the Prevention of Corruption Act would not be sustainable against them. The court said the CBI had not alleged anywhere in the final report Pinarayi, Mohana Chandran and Francis had made any unlawful gain or monetary benefit out of the deal between the KSEB and SNC Lavalin.
As regards the other accused - K G Rajasekharan Nair, former chief accounts officer of KSEB (second accused), R Sivadasan, former chairman of KSEB (third accused) and Kasthuri Ranga Iyer, the then chief engineer of KSEB (fourth accused), things will have to be examined during trial to find out whether they had made any gain or whether they had their own interest or unholy nexus with SNC- Lavalin to cause unlawful gain to SNC.
The position and circumstances of accused one, seven and eighth are entirely different from that of accused number two to four and others who designed and perpetrated the deal.Pinarayi and two other accused were persons outside the KSEB, brought in or arraigned by the CBI on the allegation conspiracy later. “Admittedly they had no direct involvement in the execution of the contracts. The CBI arraigned them or ‘roped’ them with the ‘magical net of conspiracy’ punishable under section 120 of the IPC. The history of administration of criminal justice will tell unerringly the concept of criminal conspiracy is something very often misused by the police to rope in persons of their choice,” the court said.
The 1996 consultancy deal had often come to haunt Pinarayi at many crucial junctures in his political career. However, throughout the legal and political battle, the CPM, except for V S Achuthanandan, stood by Pinarayi. The party had always maintained the charges were politically motivated and would be fought legally and politically. That 93-year-old V S Achuthanandan too had given up his once-relentless fight against his bete noire after the 2013 CBI court verdict too has come as a relief for Pinarayi.
Controversies surrounding the scam had often led to nasty factional feuds within the party leading to the temporary ouster of Pinarayi as well as Achuthanandan from the politburo. Though Pinarayi later returned to the PB, Achuthanandan could not make it. It was in January 2016 when the party was about to project Pinarayi Vijayan as its chief ministerial candidate in the Assembly polls that the UDF Government chose to move the HC seeking an early disposal of the revision petition. Though the High Court gave its nod for an early hearing, it did not deter the party from going ahead with the long-awaited decision of choosing Pinarayi over nonagenarian V S Achuthanandan to lead the left front. Coming at a time when Pinarayi has been emerging as the party’s national face - with his open stance against demonetisation and cattle slaughter - the verdict was crucial for the Left on the national scenario too.
“The CPM has always maintained the Lavalin case is politically-motivated. Now, the High Court verdict has vindicated our stance. If the CBI moves the apex court, we will continue to fight it legally and politically,” said politburo member S Ramachandran Pillai. With back-to-back setbacks in various courts, the CPM-led state government and the party leadership were also on the edge. Now, they can heave a sigh of relief.
Pinarayi emerges winner
Kochi : The main allegation against Pinarayi is he showed undue haste and interest in the execution of the supply contracts in February 1997 and the KSEB happened to execute such a contract at the instance of the minister holding the Electricity portfolio in a haste when Lavalin offered some grant for the construction of Malabar Cancer Centre. The supply contracts were executed when Vijayan was Electricity Minister.
“The court did not find any material to substantiate such an allegation that there was anything concerning the supply contracts between Lavalin and KSEB. The documents produced by the CBI include a Cabinet note also, signed by the then Chief Minister and the proposal was approved by the Cabinet. Thus it was a Cabinet decision.” “If so, there is no explanation why the CBI picked and chose Pinarayi Vijayan for prosecution.
The CBI does not have any satisfactory explanation as to what vicious role or dishonest role Pinarayi had in the deal when he got the things approved by the Cabinet, or when the Cabinet as a whole approved the proposal of the KSEB. It is pertinent to note that what the Cabinet approved is not the proposal of the then Electricity Minister, but the proposal of the KSEB,” the court said. The Cabinet happened to give approval on the basis of the material furnished and reported by the KSEB. “If so, it would be unjust and illegal to pick and choose Pinarayi and prosecute him for the wrong or illegality committed by the KSEB,” the order said.
A fair deal for Pinarayi
ANIL S @ T’Puram
It’s a political victory for the CPM strongman. Putting an end to the SNC Lavalin battle for the time being, Chief Minister Pinarayi Vijayan has come out triumphant. The 73 year old Communist - CPM’s longest serving state secretary - has finally escaped unhurt. It was a verdict that could have spoiled his political fortunes had it gone against him. A more than two-decade-old corruption case, Lavalin had cast a shadow over the CPM and Pinarayi for long.
No respite for 3 ex-KSEB officers
Kochi: The High Court held that three former KSEB officials must face trial. The single judge said the charges against second accused K G Rajasekharan Nair, ex-chief accounts officer of KSEB, third accused R Sivadasan, ex-chairman of KSEB and fourth accused Kasthuri Ranga Iyer, the then chief engineer of KSEB, require examination.
The case
Pinarayi Vijayan, while serving as Electricity Minister from May 1996 to October 1998, along with the other accused, allegedly colluded to award the supply contract for the renovation and modernisation of the Pallivasal, Sengulam and Panniar hydroelectric projects to Canada’s SNC-Lavalin, bringing a huge loss to the exchequer.