December 20,2017:

Special Leave Petition which has been filed on Wednesday, Former KSEB Officer stated that Lavalin contracts of February 1997 were an “inevitable conclusion” of visit made by High-level delegation to Canada in October 1996.

Spelling trouble for the Kerala CM Pinarayi Vijayan, Central Bureau of Investigation (CBI) has moved Supreme Court against his discharge by Kerala HC in SNC Lavalin Corruption case.

Criminal case concerns renovation and refurbishment of three hydro electric projects, that is, Pallivasal, Sengulam and Panniar projects and contracts/transactions between Kerala State Electricity Board and M/s SNC Lavalin, a Canadian entity.

High Court had upheld a trial court decision to discharge CM Vijayan and two others on August 23, 2017.

On Mr. Vijayan, High Court had concluded that he cannot be prosecuted in absence of strong and definite material and circumstances to show that he had some sort of unholy nexus with SNC Lavalin or the other accused.

CBI had alleged that Mr. Vijayan, who was then Kerala's Electricity Minister, had wrongly entered into the contracts with SNC Lavalin in February 1997 without any expert feasibility study or technical reports. It had alleged that there was neither any global tender called for projects nor fixation of the rates.

It has pointed out that CM Vijayan, and two others were exonerated in the case without a clear finding to point out the reasons for their discharge. CBI stated that its charge sheet pointed to a collective responsibility of all the accused persons, including Mr. Vijayan.

The CBI said it was extraordinary that Mr. Vijayan and two other accused persons were discharged from all charges in the case even before the commencement of the trial, while the high court ordered the prosecution of the remaining accused.

Agency has highlighted that High Court has not reasoned why, while exercising the revisional jurisdiction under Section 397 CrPC, it has applied different standards in respect of the two sets of accused persons.

Same questions have been asked by K.G. Rajasekharan Nair who is a Former Chief Accounts Officer with Kerala State Electricity Board (KSEB), who got no relief from HC and is one of the accused who would now face trial in the Lavalin case.

The SLP states that,"If some of the accused have been freed of taint, then remaining accused should also receive same treatment without discrimination. Mr. Nair has stated that he was part of Canada delegation and merely witnessed signing of the agreements in his official capacity".

Case is scheduled to be heard by a Bench led by Justice N.V. Ramana on January 12, 2018.

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