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A new Bench of the Supreme Court will hear the writ petition filed by Communist Party of India(Marxist) leader Pinarayi Vijayan challenging the Kerala Governor's order granting the CBI sanction to prosecute him for certain alleged offences in the Rs. 300-crore SNC-Lavalin case. The petition was listed before a Bench of Justices R.V. Raveendran and A.K. Patnaik. But when the matter was taken up on Thursday, Justice Raveendran told counsel that he was not inclined to hear it. In a brief order, the Bench, without assigning any reason, said: “List before a Bench of which Justice Raveendran is not a member.”
Mr. Vijayan is accused of wrongfully awarding a contract to the Canadian company for renovation of two power plants when he was Power Minister in 1997. He said the Central Bureau of Investigation had written to the Governor seeking sanction for his prosecution under Section 197 of the Criminal Procedure Code. The Governor referred the matter to the Cabinet, which conveyed its decision that it was not necessary to grant sanction for prosecuting him. Despite this, the Governor, issued an order according sanction to prosecute him for offences under Section 120 B (conspiracy) read with 420 (cheating) of the Indian Penal Code and Sections 13 (2) — criminal conduct — and 13 (1) (d) — pecuniary advantage — of the Prevention of Corruption Act.
Mr. Vijayan said the question was whether the Governor of a State had any discretionary power to act on his own to grant sanction for prosecution of a former public servant independently without the aid and advice of the Council of Ministers. He sought a declaration that the Governor's order was ultra vires the Constitution and a direction to set aside the charge sheet filed by the CBI before the Special Judge, CBI, Ernakulam.
In its response, the CBI said the Governor's decision was final and could not be called in question. “The petitioner was an ex-Minister and at present CPI(M) State secretary. The party secretary's opinion counts a lot in the selection of the chief ministerial candidate and the Council of Ministers. When it comes to the prosecution of such a person, the Council of Ministers would not appreciate the real facts and advise the Governor without bias.”
In its response, the Kerala government said all CBI allegations against the petitioner were unfounded. The Cabinet, after considering and correctly comprehending and evaluating the facts, material and evidence and also assisted by the Advocate-General's opinion, advised the Governor that no prima facie case was made out for prosecuting the petitioner. However, the Governor accorded sanction contrary to the advice, it said.
Senior counsel C.S. Vaidyanathan and P.H. Parekh appeared for the petitioner and senior counsel Mariaruputham, for the CBI
Mr. Vijayan is accused of wrongfully awarding a contract to the Canadian company for renovation of two power plants when he was Power Minister in 1997. He said the Central Bureau of Investigation had written to the Governor seeking sanction for his prosecution under Section 197 of the Criminal Procedure Code. The Governor referred the matter to the Cabinet, which conveyed its decision that it was not necessary to grant sanction for prosecuting him. Despite this, the Governor, issued an order according sanction to prosecute him for offences under Section 120 B (conspiracy) read with 420 (cheating) of the Indian Penal Code and Sections 13 (2) — criminal conduct — and 13 (1) (d) — pecuniary advantage — of the Prevention of Corruption Act.
Mr. Vijayan said the question was whether the Governor of a State had any discretionary power to act on his own to grant sanction for prosecution of a former public servant independently without the aid and advice of the Council of Ministers. He sought a declaration that the Governor's order was ultra vires the Constitution and a direction to set aside the charge sheet filed by the CBI before the Special Judge, CBI, Ernakulam.
In its response, the CBI said the Governor's decision was final and could not be called in question. “The petitioner was an ex-Minister and at present CPI(M) State secretary. The party secretary's opinion counts a lot in the selection of the chief ministerial candidate and the Council of Ministers. When it comes to the prosecution of such a person, the Council of Ministers would not appreciate the real facts and advise the Governor without bias.”
In its response, the Kerala government said all CBI allegations against the petitioner were unfounded. The Cabinet, after considering and correctly comprehending and evaluating the facts, material and evidence and also assisted by the Advocate-General's opinion, advised the Governor that no prima facie case was made out for prosecuting the petitioner. However, the Governor accorded sanction contrary to the advice, it said.
Senior counsel C.S. Vaidyanathan and P.H. Parekh appeared for the petitioner and senior counsel Mariaruputham, for the CBI