Kochi: Holding that judicial floor should not be used for political gains, the Kerala High Court on Thursday adjourned the hearing of revision petitions in the SNC Lavalin graft case after two months.
Justice Ubaid also observed, "why the state government was very particular to have the SNC Lavalin case heard immediately."
The court made the observation when the accused including CPM leader Pinarayi Vijayan submitted that there was no urgency and the early posting petition by the government was filed on political grounds.
After considering the contentions the court observed, "All are cautioned that judicial floor shall not be used for political gains.”
When the case came up for hearing, the counsel for CBI submitted that Additional Solicitor General will be appearing for CBI, and he sought time.
The government opposed the move and argued that petitions were filed two years ago, and it was a case in which the state lost more than Rs 400 crores. The court observed that cases from 2000 onwards were pending for consideration.
"On the request of the government seeking an early hearing, I have already expressed my view. Still earnest efforts will be made for an early hearing. Now, I do not find any extraordinary situation for an urgent hearing on these matters," the court observed.
Meanwhile, A. Francis, one of the parties in the case, filed an affidavit stating that Director General of Prosecutions T. Asaf Ali filed the plea for his personal advantage and political gain. Mr Ali was targeting Pinarayi Vijayan.
The High Court took a complete u-turn in the SNC Lavalin case and adjourned the hearing after two months.
The court had earlier held that there’s substance in the points put forth by the government in the case, and observed that terminating the prosecution would be a matter of concern if the allegations are true.
“Premature termination of a prosecution, involving huge loss caused to the public exchequer, must be a matter of public concern, if the allegations are true. Some of the accused made application for discharge, but all obtained the benefit of discharge," the court observed on January 15.
The court also observed that the sustainability of Thiruvananthapuram CBI Court order discharging seven accused including Pinarayi Vijayan from the case is doubtful.
The court on Thursday observed "on the last posting date I had only made an order to have the cases posted in the last week of February. It was not on any decision or determination to hear the matters finally in the last week of February last week.
“My priority in view of the huge pendency of every old cases here, will not allow this case to overturn the other cases in the queue for justice."
