Kochi: The Kerala High Court has upheld the Thiruvananthapuram CBI Special Court order acquitting Chief Minister Pinarayi Vijayan in the controversial SNC Lavalin case.
The court allowed the review petition filed by the CBI in part and asked the trial court to frame charges against three former KSEB officials-- K.G. Rajasekharan, K. Sivadas and Kasthury Ranga Iyer.
Despite materials showing the failure and inaction on the part of many ministers who succeeded him, the CBI wrongly picked and chose Mr Pinarayi Vijayan on a wild allegation of conspiracy without legal and supporting materials, the court said.
“It is pertinent to note that the CBI has not alleged anywhere in the final report or other materials that Pinarayi had derived or obtained any sort of benefit out of the deal between SNC Lavalin and KSEB,” the 102-page order said.
The court observed: "There is no reason why the CBI would find fault with Pinarayi alone, and allege that he failed to obtain an enforceable agreement from SNC Lavalin. The seventh accused had been in power as electricity minister for a short period. Many ministers succeeded him and during the tenure of the successors also there were communications between the government and SNC Lavalin regarding the offer made by the company.”
Mr Pinarayi Vijayan had no sufficient tenure to expedite things and get an enforceable contract from the SNC Lavalin. He was succeeded by another minister in the same ministry. There is no explanation why the CBI would not allege such failure on the part of the ministers who succeeded him, it said.
There are documents to show that Mr Vijayan had made earnest efforts during his tenure to get a contract executed by Lavalin company and had made communications also during his tenure.
The court did not find anything to show that the proposal for grant for the construction of a cancer centre was made by the SNC Lavalin and accepted by the government as a consideration for supply contracts. It was only a gratuitous offer, though it was mooted and discussed very seriously in connection with the other deal between the KSEB and SNC Lavalin. The government took it very seriously because it was a dream project of the minister. Just because it was taken up and accepted by the government, it cannot be said that it was part of the other contract, or it was thought of, and accepted as a consideration for the other contracts, the court observed. "The government would not sustain any loss due to the retraction made by SNC Lavalin from a gratuitous promise,” it said.
