The Vijayan camp feels that the Kerala High Court’s order asking the CBI court in Thiruvananthapuram to split the chargesheet in the case and conduct a separate trial, excluding the accused who are not available for trial, will result in a favourable final verdict for the State CPI(M) secretary.
Significantly, leader of the opposition, V S Achuthanandan, who has taken a stand diametrically opposed to that of the party in the case, has not reacted to the HC verdict so far.
Vijayan and former Kerala State Electricity Board chairman P A Siddharth Menon had, in their petition, sought bifurcation of the chargesheet and a separate trial as the CBI had failed to arrest former vice-president of Lavalin, Klaus Trendl, another accused in the case.
A split in the chargesheet would ensure a speedy trial for him, removing the hurdles in Vijayan’s early return to active parliamentary politics.
Waiting indefinitely for the extradition of Klaus Tendle amounts to violation of the petitioners’ fundamental right to a speedy trial, the HC has said. In support of its order, the HC has cited a Supreme Court ruling that upheld the right to a speedy trial.
Opinion is, however, divided on whether the HC verdict is the first step towards acquittal of Vijayan and other accused in the case. As Trendle is not available for trial, the charge of conspiracy would be difficult to prove. This would result in a favourable verdict for Vijayan. That is their line of argument.
There is another stream of thought which says the sense of jubilation in the Vijayan camp is unwarranted. Split of the chargesheet, while ensuring a speedy trial, need not prove beneficial to Vijayan, is their contention. Apart from criminal conspiracy, there are other charges against Vijayan and other accused, they say. True, the CBI has said that Vijayan has not made any material gains from the deal with the Canadian company. But the CBI’s conclusion is based solely on the statement of a witness, they point out.
The case pertains to renovation and modernization of hydro-electric power stations at Pallivasal, Sengulam and Panniar. Vijayan was the Power Minister in the LDF Government when the agreement was signed with the Canadian firm, SNC Lavalin.
The CBI’s case is that the deal had caused a loss of Rs 374 crore to the state’s exchequer. The charges against Vijayan are criminal conspiracy and cheating. (IPA)
INDIA: KERALA
MEANING OF HC VERDICT IN THE LAVALIN CASE
MEANING OF HC VERDICT IN THE LAVALIN CASE
P. Sreekumaran - 2013-06-24 15:02
THIRUVANANTHAPURAM: There is a palpable sense of relief in the camp of Kerala CPI(M) led by State secretary Pinarayi Vijayan over the latest High Court verdict in the SNC Lavalin case.