[1]Kochi: The Kerala high court on Tuesday directed the Thiruvananthapuram CBI special court to split the SNC-Lavalin case, in which CPI(M) state secretary Pinarayi Vijayan is the seventh accused, and conduct a trial.
Justice C.T. Ravikumar allowed the petitions filed by Pinarayi Vijayan and P.A. Sidhartha Menon, another accused and former chairman of the Kerala State Electricity Board, seeking to split the charge-sheet to facilitate speedy trial in the case related to awarding of contract for renovation of hydel projects.
The court said the case against the firm, SNC-Lavalin and its former vice-president Claus Trendl can be conducted later. The petitioners challenged the CBI special court order which had dismissed the plea of Vijayan.
The petitioners sought a directive to conduct the trial against Klaus Triendl, the sixth accused and SNC-Lavalin vice-president, and SNC-Lavalin, the Canadian company listed as the ninth accused, to be conducted later as they are yet to accept the summons issued against them.
The court held that the accused shall enjoy the right for a speedy and public trial. And the right to speedy trial is a fundamental right as per Article 21 of the Constitution. The CBI had opposed the plea and submitted that it was not maintainable. The court, however, dismissed the plea.
According to the petitioners, the CBI was attempting to delay the trial of the case due to their inability to arrest Klaus Triendl. The charge-sheet in the case was submitted three-and-a-half years ago. As Triendl is not available, the trial should be conducted by splitting up the charge-sheet on the basis of availability of the accused, the petitioners submitted.
Links:
[1] http://archive.asianage.com/pinarayijpg-449