Kerala CM Pinarayi Vijayan should face trial in graft case: CBI tells SC

Agencies
July 29, 2018

Thiruvananthapuram, Jul 29: The CBI has told the Supreme Court that Kerala Chief Minister Pinarayi Vijayan, who was discharged from all criminal and corruption charges in the SNC Lavalin case, "should face trial".

In an affidavit filed in the court, the Central Bureau of Investigation questioned the discharge of Vijayan and two others, saying the Kerala High Court orders in this regard was "not correct".

The CBI has challenged the High Court's August 23, 2017, order to discharge Vijayan, K. Mohanachandran, former Principal Secretary in Department of Power, and A. Francis, then department Joint Secretary. The High Court had given the go-ahead for the trial of remaining three accused, who are Kerala State Electricity Board officials.

Objecting to the High Court's decision to discharge certain accused and making remaining charge-sheeted persons to face trial, the CBI said: "Vijayan should also face trial for the same set of offences".

"The specific acts and omissions of each accused can only be decided in a properly conducted trial and the discharge of some accused may adversely impact the outcome vis-a-vis those tried in court," said the CBI affidavit.

Reacting to the fresh development, Leader of Opposition in Kerala Assembly Ramesh Chennithala told the media that it had now been proved right what they had been saying all along. "Vijayan should now react to this... we have been saying all through that he has a role in it."

Vijayan, however, has not responded so far.

The case pertains to an agreement with Canadian firm SNC Lavalin in 1997 for the renovation and modernisation of Pallivasai, Sengulam and Panniar hydroelectric projects in Idukki district of Kerala, which allegedly caused a loss of Rs 266 crore to the exchequer.

Vijayan was then the Power Minister in Kerala.

The three accused directed to face trial too had approached the apex court, asking why they were not treated on par with Vijayan and two co-accused discharged in the case.

The CBI maintained that the High Court order was "bad in law" and its findings that Vijayan and two others need not to face the trial amounts to "clear differentiation" between two sets of accused.

"Without the knowledge of Vijayan and two others, the consultancy agreements would not have been converted into supply contracts on fixed rates on February 10, 1997, when Vijayan was (Power) Minister and had gone to Canada along with Mohanachandran (also discharged in the case) as a guest of Lavalin and during the visit the decision to sign the supply contract was taken by Vijayan," the affidavit added.

"The wilful omissions and commissions on the part of the public servants provided the opportunity to SNC Lavalin for deriving wrongful gains, casing corresponding loss to the KSEB," it added.

A bench of Justice N.V. Ramana and Justice Abdul Nazeer had earlier stayed the trial of the case and sought the CBI's response.

On November 5, 2013, a CBI court in the state capital exonerated all the accused, without taking up the case for trial.

However, a year later, the CBI approached the High Court against the CBI court's exoneration, which ordered the trial against three persons and discharged three others, including Vijayan.

A criminal case was registered on February 12, 2007, and the CBI filed its charge sheet on June 12, 2009.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
November 21,2024

netanyahu.jpg

The International Criminal Court (ICC) has issued arrest warrants for Israeli prime minister Benjamin Netanyahu and his former minister of military affairs Yoav Gallant over war crimes against Palestinians in the Gaza Strip.

The court’s Pre-Trial Chamber I issued warrants of arrest for Netanyahu and Gallant "for crimes against humanity and war crimes committed from at least 8 October 2023 until at least 20 May 2024, the day the Prosecution filed the applications for warrants of arrest”, it confirmed in a statement Thursday.

It is the first instance in the court's 22-year history it has issued arrest warrants for Western-allied senior officials.

In its statement, the ICC's Pre-Trial Chamber I, a panel of three judges, said it has rejected appeals by Israel challenging its jurisdiction. 

The chamber said it has decided to release the arrest warrants because "conduct similar to that addressed in the warrant of arrest appears to be ongoing", referring to Israel's ongoing onslaught on Gaza.

Netanyahu and Gallant, it said, “each bear criminal responsibility” for “the war crime of starvation as a method of warfare; and the crimes against humanity of murder, persecution, and other inhumane acts,” as well as “intentionally directing an attack against the civilian population.”

All 124 states that signed the Rome Statute, the treaty that established the court, are now under an obligation to arrest the wanted individuals and hand them over to the ICC in the Hague. 

The court relies on the cooperation of member states to arrest and surrender suspects. The Netherlands' foreign minister quickly said his country was prepared to enforce the warrants while 93 nations earlier reiterated their support for the ICC.

Triestino Mariniello, a lawyer representing Palestinian victims at the ICC, called the warrants "a historic decision".

He noted that the court had endured "pressure and threats of sanctions" from the US government, but acted nonetheless.

As expected, the Tel Aviv regime rejected the rulings, with its security minister Itamar Ben Gvir calling the warrants “anti-Semitic through and through.”

The ICC said Israel’s acceptance of the court’s jurisdiction was not required.

Israel and its major ally, the United States, are not members of the court. 

Israel unleashed its bloody Gaza onslaught on October 7, 2023. So far, it has killed at least 43,985 Palestinians, mostly women and children, and injured 104,092 others, according to the Gaza Health Ministry.

Israel faces an ongoing South Africa-led genocide case at the International Court of Justice (ICJ).

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
November 26,2024

DevegowdaHDK.jpg

Bengaluru: The Janata Dal (Secular) is grappling with its most tumultuous political crisis yet, with speculation rife about imminent defections among its lawmakers. This storm comes in the aftermath of party scion Nikhil Kumaraswamy's humiliating defeat in the Channapatna bypoll—his third consecutive electoral loss after setbacks in Mandya (2019) and Ramanagara (2023). With the regional party’s Assembly tally shrinking to 18 from 19, questions are being raised about its survival.

The murmurs of rebellion were amplified on Monday when Health Minister Dinesh Gundu Rao and Congress MLA CP Yogeshwar openly hinted at possible desertions within the JD(S) ranks. Yogeshwar, newly elected from Channapatna, declared he could orchestrate a migration of JD(S) MLAs to Congress. “I’ll meet them at the Belagavi session. Within a month, they’ll be in Congress,” he confidently stated during a televised interview. Yogeshwar has a history of engineering defections, having played a pivotal role in the collapse of the JD(S)-Congress coalition government in 2019 during his stint with the BJP.

Dinesh Gundu Rao, not mincing words, slammed the JD(S) leadership for fostering "self-serving politics," criticizing the HD Deve Gowda family for failing to nurture party talent. “There’s no trust. Their MLAs will seek survival—either in BJP or Congress,” he remarked.

Meanwhile, the expelled JD(S) state president CM Ibrahim added fuel to the fire by claiming that 12-13 MLAs are "disillusioned" with the current leadership. Speculations around senior JD(S) leader GT Deve Gowda joining Congress have also intensified. DK Shivakumar, Karnataka’s Deputy CM and Congress president, described GT Deve Gowda as a “valuable leader” who might be frustrated with the party’s internal dynamics.

While Congress leaders seem eager to poach JD(S) legislators, the BJP is not far behind in targeting the floundering party. The situation signals a decisive moment for the JD(S), as its survival now hinges on how it manages this brewing storm of discontent.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
November 28,2024

Mangaluru: In a heartbreaking incident, three first-year nursing students drowned in the Phalguni River near Barkaje dam, within the Venoor police station limits, on Wednesday evening.

Preliminary reports identify the deceased as Lawrence from Moodbidri, Suraj from Belthangady, and Jaison from Vagga in Bantwal.

According to police sources, the tragedy occurred around 5:30 PM. The group of friends had gathered at a friend's house to celebrate a church feast. After lunch, five of them decided to visit the river near the dam for a swim.

While in the water, two of the students were caught in the strong current. Jaison, attempting to rescue them, was also swept away. Fire and emergency services personnel, along with the police, rushed to the scene and retrieved the bodies.

This tragic event has left the community in deep sorrow.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.