KOCHI: Former Chief Minister Oommen Chandy has received a partial relief in the Solar Case with the High Court ordering that the controversial letter written by Saritha Nair and the related comments should be removed from report of the Commission of Enquiry. The court observed that allegations of sexual abuse will not come under the purview of the Commission of Enquiry. The court has accepted that contention of the former chief minister that the findings of the commission based on the letter of Saritha, allegedly the prime accused of the scam, should be expunged and rejected.
The court however rejected the demand for annulling the report of the report submitted by Justice Sivjarajan Commission. The court also observed that the government can go ahead with the probe in connection with the report. The report should be considered only after removal of Saritha’s letter and related remarks. The court also directed that if any action has been taken or press releases issued the same should be updated in accordance with the court order.
The court also rejected the plea by former minister Thiruvanchoor Radhakrishnan that his name should be removed from the report. The main charge against Thiruvanchoor is that as the then home minister he tried to protect Mr. Chandy. Thiruvanchoor has submitted that the remarks made by the commission is defamatory and violation of his fundamental rights. Mr. Chandy in his petition has also pointed out that the Solar Commission report should be rejected totally as the Commission was not constituted as per the rules and regulations. Kapil Sibal who has appeared for Mr. Chandy submitted that the report is not legally sustainable.
The government countered the arguments of Sibal by stating that the commission was constituted when Mr. Chandy was the Chief Minister as the subject was of great public interest. The government also submitted that Mr. Chandy fully cooperated with the commission and only questioned its validity after the findings went against him.
