The legal setback first. A stinging judicial rap on UDF knuckles came when the Kerala High Court criticized Leader of the opposition (LoP) V D Satheesan who had moved the court demanding a CBII probe into the implementation of the K-FON project. The court posed a slew of questions to the petitioner: What is the public interest in the matter? How would the allegations affect public interest? Why is the court being used for everything? How can the petitioner challenge the tender notification for the project through public interest litigation?

The court also pointed out that the government order selecting the BEL Consortium was issued on July 15, 2019. Why is it being challenged after five years? Satheesan’s counsel argued that the CAG had made some remarks about the project on May 26, 2023. All they were seeking was a CBI probe, said the LoP’s counsel. The bench comprising Justice AJ Desai and Justice VG Arun asked: “For what purpose?” In his response, Advocate General K Gopalakrishna Kurup said that the CAG had not completed its investigations into the matter. It had made only some observations. Therefore, no reliance can be placed on the initial observation, he added.

The petition Satheesan filed claims that a contract estimated at Rs 1,028.20 crore was auctioned for Rs 1,531.68 crore at a staggering difference of Rs 400 crore. The tender was awarded to the consortium at a loss of Rs 400 crore, the petition alleged. Surprisingly, reacting to the verdict, Satheesan said the opposition does not need to approach the court for publicity. The response, which was in bad taste, also betrayed the Congress’s displeasure over the judgment. Instead of taking it in the right spirit, Satheesan seemed to have tried to scorn the Court verdict.

Understandably, the Left Democratic Front (LDF) made no secret of its elation over the verdict. LDF convener E P Jayarajan said the High Court doubted in an open court whether Satheesan had camouflaged a “publicity interest litigation as a “public interest litigation”. What irked the court was Satheesan’s basing his plea on a tender notification instead of furnishing any admissible evidence about any actual wrongdoing on the government’s part. It was wrong on Satheesan’s part, Jayarajan added, to rely on the CAG’s preliminary queries to K-FON. Not surprisingly, his efforts to embarrass the Government have failed. What added insult to injury was the court’s refusal to admit the plea on file. Instead, the court asked the government to articulate its position in a sworn statement.

The K-FON project seeks to provide free internet service to 20 lakh low-income households and broadband connectivity at affordable rates to homes, businesses and government offices.

Likewise, the UDF’s rejection of the Chief Minister’s offer to stage a joint protest against the Union Government would cause a severe dent in the Front’s credibility and expose it to the charge of being hand in glove with the BJP. The UDF’s stand could also trigger erosion in its vote-base. The front made a big mistake in saying No to the LDF’s request for a joint struggle against the Union Government. The ill-advised move of the UDF would also attract the charge that the Front is mortally scared to criticize the Modi Government for fear of reprisals in the form of raids by central investigation agencies like the CBI and Enforcement Directorate(ED). The electoral damage that would accrue from the UDF’s negative politics would also be substantial.

The UDF has taken the stand that the Union Government’s denial of funds to the cash-strapped state is not the lone cause for Kerala’s financial crisis. Mismanagement and extravagance have also been responsible for the fiscal ill-health, the UDF alleges, conveniently forgetting that the State’s financial position has drastically improved with the collection of tax arrears posting an impressive 14 per cent rise. Its performance on the startup front is also highly impressive. The NITI Aayog has lavished praise on Kerala for having become the best performer on the startup front. All this has been achieved despite the determined efforts of the union Government to stifle the state by depriving it of funds to the tune of over Rs 57,000 crore. It may be mentioned that the State has moved the apex court against the Union Government’s step-motherly treatment of the state. (IPA Service)