Kerala High Court asks whether Chandy is aware of allegations

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Kochi: In a major development in the solar scam, the Kerala High Court on Tuesday asked the state whether allegations levelled in the solar case was within the knowledge of Chief Minister Oommen Chandy. “Whether the CM knows the incident or not can only be ascertained after an inquiry”, Justice V K Mohanan orally observed.
Justice V K Mohanan made the observation when the petition by Bangalore-based coffee planter MK Kuruvilla seeking a crime branch inquiry into his complaint in connection with the solar scam came up for hearing.
During the course of arguments, the government pleader submitted that there was no direct involvement of the CM in the case. But the court observed that only an inquiry would ascertain it.
Kuruvila, even before the solar case surfaced, had filed a plea complaining that two persons claiming to be a relative of Chandy and a member of the CM’s personal staff, had defrauded him of over Rs 1 Crore for setting up the solar panels.

                                                          M.K Kuruvilla
“Binu C Nair who had introduced himself as an educational consultant convinced M K Kuruvila that Andrews of Puthuppalli, the first cousin of the Chief Minister Oommen Chandy, would make all the necessary arrangements for setting up the Solar power project by exerting his influence with the Chief Minister,” Dinesh Rao counsel for the petitioner submitted.
Binu also introduced Diljith, director of SCOSSA, who was also the private secretary to CM. “Kuruvila was assured that with their political connections they would get the project approved by the government. After getting Rs one crore, the accused began refusing to answer the calls of Kuruvila after which he filed a complaint before the CM in October, 2012.
The CM forwarded the complaint to the DGP but the matter was not investigated effectively by the police. After the filing of the petition, the police registered four criminal cases against Kuruvila in April, 2013, the petitioner argued.
Assistant Commissioner Bijo Alexander, the investigating officer, meanwhile submitted before the court that the accused persons Binu C Nair, Andrews and his friend met Oommen Chandy at his house at Puthuppalli.
He added “Andrews had deposed that the chief minister was not consulted in any matter in connection with the solar projects.”
The state further submitted that detailed investigation was required into the case. The court posted the case to August 8 for further hearing.
‘Media distorted observation’

                                                                  T.Asaf Ali
Kochi: After the news broke that the High Court had asked whether Chief Minister Oommen Chandy was aware of the solar cheating cases, Director General of Prosecution, T.Asaf Ali on Tuesday called an urgent press conference at the Kerala High Court. He claimed that the media had distorted the observations of the court.
 
The DGP further claimed that the court (Justice S.S.Satheeshandran) had made the observation against the special investigating team under a wrong impression. The police had not deliberately allowed Saritha Nair, an accused in the solar case, to record her statements.
He added that the court was criticising a magistrate court that was dealing with the solar case. The magistrate remanded an accused in the solar scam to 30 days in police custody. The criminal law had no provision for ordering the remand of an accused for 30 days. An accused could be remanded in police custody only for 15 days.
He added that Saritha's statement could not be recorded because she had to be produced before the magistrate court concerned in another case registered at Vazhakulam in Muvattpuzha.
The police had to produce her on the day fixed for recording her statement in the economic office court in view of the production warrants. The warrant was issued even before she was produced before the magistrate court for economic offences in Kochi.
Government pleader Rajesh Vijayan who appeared for the government in the case filed by M.K.Kuruvilla said the High Court was critical of the satellites that were operating around the Chief Minister’s Office.
On being asked whether the court had made the remark, “Whether the CM knows the incident or not can only be ascertained after an inquiry”, he replied in the affirmative.
Resign right away: VS to Chandy 

Thiruvananthapuram: Opposition Leader V S Achuthanandan on Tuesday asked Chief Minister Oommen Chandy to step down forthwith in the wake of the High Court asking why a probe had not been initiated against him yet.
At a press conference Achuthanandan said; “Chandy has no right to continue in office even for a minute.”
The court had categorically asked why the Chief Minister had not been brought within the purview of the probe and where did the money swindled by the accused go and even raised the doubt that the Government was trying to hide something, he said.
The Opposition Leader said the court had raised the same questions which the LDF had put before the Government since the solar fraud came to light.  “No Chief Minister has faced such harsh criticism from the court. It’s a shame for the state,” he added.
Achuthanandan said the court also slammed the Government for not initiating a probe into the complaint lodged by Bangalore-based industrialist M K Kuruvilla. The SIT chief ADGP A Hemachandran was going soft on the Chief Minister’s staff.  “He doesn’t even have the ability to question them. If the SIT questions the staff sincerely then the probe will reach the Chief Minister’s family members,” he added.
CPM state secretary Pinarayi Vijayan said two benches of the High Court criticizing the Government was rare.
At a press conference here, he said the court had raised pertinent questions like why was the Chief Minister's former personal assistant Tenny Joppan sent to one month custody.
On the day when Saritha was slated to make a statement before a court in Ernakulam why was she taken to Kothamangalam court from the jail. What was the Government trying to hide, the court had asked? Answering the queries, the CPM leader said this was to prevent Saritha from making a statement before the Ernakulam court as the Government feared she might spill the beans. “Chandy has no other option but to resign and face a judicial probe,” Pinarayi added.
Sorry for Karunakaran: Murali

 
Thiruvananthapuram: K Muraleedharan, MLA on Tuesday took a dig at Chief Minister Oommen Chandy saying his father K Karunakaran would not have resigned had the present situation prevailed then.
Karunakaran resigned twice following court’s observations. Speaking to reporters here, Muraleedharan said. He quit twice because of court observations and now I feel he resigned for nothing. I feel sorry that he had to tender his resignation then.’’
The Congress leader’s statement came close on the heels of Chandy’s reaction that he cannot act on the basis of media reports.
It may be recalled that Karunakaran had resigned as Chief Minister twice. First in connection with the Rajan case and then ISRO spy case.