The timing of Justice P Ubaid’s order, which constitutes a severe rebuff to Chief Minister Oommen Chandy, who had sought an early hearing in the case, could not have been better.
The State Government, it may be recalled, had sought an early hearing of the review petitions by CBI and others challenging the CBI special court’s order discharging Pinarayi Vijayan and others in the Lavalin case.
In a stinging snub to the Chief Minister, Justice Ubaid has said in his order that the judiciary should not be used to settle political scores. “I do not know why the State Government is very particular to have the case heard immediately. It is alleged by the other side that the Government makes such a request on political grounds. All are cautioned that judicial floor should not be used for political ends. Cases from 2000 onwards are pending before me for con sideration. I do not find any extraordinary situation for an urgent hearing in the matter,” the order said.
The order has come as a big relief for Vijayan in particular and the CPI(M) in general, reeling under the impact of the setback resulting from the surrender of Kannur district secretary of the party, P. Jayarajan in connection with a murder case.
The Government’s intention on seeking an early hearing was clear: an adverse verdict before the crucial Assembly elections would prevent Vijayan from becoming the Chief Minister in the event of an LDF victory in the elections.
That the court has seen through the sinister game being played by the CM and the Congress-led UDF Government is clear from the order. Needless to say, the order has left the Chief Minister and his close confidants with egg on their faces.
Interestingly, the Chief Minister had ignored the reservations voiced by Home Minister Ramesh Chennithala against the filing of such a petition. Chennithala had expressed his opinion on the basis of the advice received from the Law Secretary and the State Home Secretary, who were against the filing of such a petition.
A buoyant CPI(M) expects to reap rich electoral dividends from the court order. The order, the party, believes would only deepen the people’s disgust and disillusionment with the Oomen Chandy Government bedeviled by the bar bribery scam, solar scams.
A visibly happy CPI(M) State secretary, Kodiyeri Balakrishnan has sought the immediate resignation of the Director general of Prosecution, T. Asaf Ali following the HC order. The HC, Kodiyeri said, had exposed the ulterior motives of the DGP, a former Congress leader, who had misused his position to get the government impleaded as a party in the case.
Asif Ali, it may be recalled, had unsuccessfully contested against former Chief Minister E K Nayanar. He had also filed a case against Nayanar. But the court verdict went against Ali in that case, CPI(M ) sources said.
The Chief Minister suffered another legal setback when the Thrissur Vigilance Court said that the then finance minister Oommen Chandy was in the know of the 1991 palmolein import Case.
The court’s observations came while considering the discharge petitions of the third and fourth accused in the palmolein case, former chief secretary S Padmakumar and former additional chief secretary Zakharia Mathews.
Vigilance judge SS Vasan said the palmolein deal was made with the knowledge of Chandy. The Additional Chief secretary had mentioned in the file that the Finance Minister should see it. The Minister had seen it and signed on the file. So, it is obvious, the judge observed, that Chandy, the then finance minister knew about the deal. There is no point in accusing the officials, the judge added.
Leader of the Opposition, V. S. Achuthanandan has promptly sought the resignation of the CM. If he fails to do so, attempts will be made to sabotage the case through misuse of his official position, VS said.
In a way, the two court orders, which have come in rapid succession, constitute a double whammy for the beleaguered Chief Minister. The legal setbacks will have the effect of further demoralizing an already confused Congress rank and file. (IPA Service)
India
A SHOT IN THE ARM FOR KERALA CPI(M)
VIJAYAN’S DELIGHT IS CHANDY’S DESPAIR
P. Sreekumaran - 2016-02-27 10:15
THIRUVANANTHAPURAM: The Kerala High Court’s order postponing, by two months, the final hearing in the SNC Lavalin case in which CPI(M)’s Politburo member Pinarayi Vijayan is allegedly in volved, has come as a shot in the arm for the CPI(M)’s Kerala unit.