Kerala Chief Minister Pinarayi Vijayan was arrayed as an accused by the CBI — later discharged both by the trial court and the Kerala HC.
Published Jul 18, 2023 | 2:28 PM ⚊ Updated Jul 18, 2023 | 2:28 PM
Kerala Chief Minister Pinarayi Vijayan. (Pinarayi Vijayan/ Twitter)
The Supreme Court on Tuesday, 18 July, adjourned hearing in an alleged corruption case involving the award of a contract to a Canadian firm SNC-Lavalin for the renovation of three hydel power generators in which incumbent Kerala Chief Minister Pinarayi Vijayan was arrayed as an accused by the CBI — and later discharged both by the trial court and the Kerala High Court.
The lead matter in the case was first listed on 26 October, 2017, and since has been listed several times including Tuesday.
Adjourning the hearing on the matter on a request by an advocate appearing in the case, a bench of Justice Surya Kant and Justice Dipankar Datta posted it for hearing on 12 September.
Though the advocate appearing for one of the parties requested adjournment for a week, the bench said that it would not be possible for them to hear the matter on next Tuesday (25 July).
Subsequently, Justice Surya Kant will be a part of a five-judge Constitution Bench that will be hearing, from 2 August, a batch of petitions challenging the abrogation of Article 370 that had conferred special status to the erstwhile state of Jammu and Kashmir, and the Jammu and Kashmir Reorganisation Act, 2019, bifurcating the erstwhile state into two Union territories — J&K and Ladakh.
The hearings by the Constitution Bench, that will be held on a day-to-day basis, is likely to last through August.
Senior advocate Harish Salve, appearing for one of the respondents in the appeal by CBI against the discharge of Vijayan and others by the high court, said that he too has difficulty in August and sought the listing of the matter at a later date.
He said that nothing survives in the matter as, in 2018, Section 13(1)(d) of the Prevention of Corruption Act, 1968, was deleted.
However, Salve offered to argue the matter limited to the discharge of the accused on Tuesday itself.
The top court had on 11 January, 2018, issued notice to Vijayan and others on the CBI’s plea challenging their discharge in an alleged corruption case involving the award of a contract to a Canadian firm SNC-Lavalin.
A bench of Justice NV Ramana and Justice S Abdul Nazeer, while issuing the notice, had also stayed the trial of three officials of the Kerala State Electricity Board (KSEB).
Vijayan was the power minister in Kerala when the case of alleged corruption happened. As per the Comptroller and Auditor General (CAG) Kerala lost ₹374.5 crore due to the deal.
Justice Ramana went on to become Chief Justice of India and retired on 26 August, 2022, and Justice Abdul Nazeer retired on 4 January, 2023, and is currently Governor of Andhra Pradesh.
The CBI had moved the top court challenging a Kerala High Court order discharging Vijayan and six others while allowing the trial of the remaining three accused.
While exonerating Vijayan, the high court said that three Kerala officials of the KSEB would face trial.
Three accused, who were asked to face trial by the high court too, had moved the top court challenging the high court’s verdict asking them to face trial.
On 5 November, 2013, the CBI court in the state capital exonerated all the accused, without taking the case to trial.
However, a year later, the CBI filed a revision petition against the CBI court’s exoneration.
On 22 February, 2019, a bench of Justice NV Ramana and Justice Mohan M Shantanagoudar (post-retirement passed away on 25 April, 2021) asked the CBI if it wanted to drag an alleged graft case against Kerala Chief Minister.
Justice Ramana had asked the Solicitor General Tushar Mehta who had appeared for the CBI “Why, if you intend to drag the case.”
