SC to hear plea against Kerala CM

“We have not been discharged. Continuation of trial will be detrimental to us now,” Mr. Rohatgi submitted.

The CBI, in its appeal in the Supreme Court against the Kerala High Court’s decision to discharge Mr. Vijayan and two co-accused, said there is “ample material to show the involvement” of Mr. Vijayan in the Lavalin deal.

The Kerala High Court had accused the agency of adopting a “pick-and-choose” policy in naming certain persons as accused. But in fact, the agency countered, it was the court which employed a pick-and-choose policy by discharging certain accused persons while leaving the rest of the charge-sheeted persons to face trial. “All decisions (in the SNC Lavalin deal) were taken with the knowledge of all the accused persons named in the charge sheet… discharge of the accused may lead to miscarriage of justice and delay the trial,” the CBI petition contended.

“It is a matter of fact that there was ample material to
prima facie
show conspiracy in the matter, which may have been appreciated at the stage of trial only,” the agency said. It asked how the High Court could hold there is criminal conspiracy but discharges certain accused persons.

The HC, on August 23, discharged Mr. Vijayan, K. Mohanachandran, former principal secretary, Department of Power and A. Francis, then joint secretary in the same department.

However, it dismissed the discharge petitions of K.G. Rajasekharan Nair, then Member (Accounts) of the Kerala State Electricity Board and M. Kasthuriranga Iyer, who was Chief Engineer (Generation) in the Board.

Article source: Legal News

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