SNC-Lavalin case: SC issues notice to Pinarayi Vijayan

Pinarayi Vijayan

New Delhi: The Supreme Court on Thursday issued notice to Kerala chief minister Pinarayi Vijayan in the SNC-Lavalin case involving the award of contracts for the renovation of the three hydel power projects in the state.

Agreeing to hear the CBI's appeal, a bench of justice N V Ramana and justice S Abdul Nazeer sought a reply from Pinarayi Vijayan and other accused who had been let off.

Additional solicitor general Tushar Mehta, appearing for the CBI, said this was a case that required an interference by the top court and that the notices must go to all the accused. The court accepted the CBI's plea and issued the notices.

The bench also stayed the trial in this case, which would have been conducted for those not exonerated. Three other accused, who still have to stand trial in this case, had also moved the court and the bench said it would hear all matters together.

CBI plays hide-and-seek

On Wednesday, the apex court had postponed hearing in the corruption case to Thursday as the CBI sought a postponement. Senior lawyer Geetha Luthra, who appeared for the agency, sought the hearing to be put off to Friday, but the bench of justices Ramana and Abdul Naseer posted it to Thursday. The court on December 28 had scheduled the hearing for Wednesday.

Appeals against the High Court verdict were heard from accused K G Rajashekharan Nair, R Sivadasan and Kasthuriranga Iyer and former KPCC president V M Sudheeran.

The CBI had been playing hide-and-seek on the petition filed by chief minister Pinarayi Vijayan against the Governor's permission to prosecute him. The agency did not assign a lawyer, even on August 31, 2009, when the plea was filed.

Eight months later, when the case was taken up on April 29, 2010, then attorney general Ghulam E Vahnavati appeared for the CBI. However, he declined to appear when the case was taken up again on December 10 the same year. The court then exempted him.

No one has appeared for the CBI since then. And this time, the CBI appeal against the High Court verdict was also filed after the deadline.

What's wrong with the CBI?

Normally, the Central government's lawyers appear for the CBI in the Supreme Court. The present advocate general, K K Venugopal, had appeared for Pinarayi in the Supreme Court before he was appointed to the post. That prevents him from representing the CBI now.

The solicitor-general post is lying vacant for months after Ranjit Kumar completed his term. On Thursday, additional solicitor general Tushar Mehta appeared before the court for the central agency.

Harish Salve, who was solicitor-general during the Vajpayee government, was the one who represented Pinarayi in the High Court last year. He himself appeared for the state government when Pinarayi challenged the governor's permission in the apex court.

Sivadasan, one of the petitioners, is represented by Mukul Rohatgi, who was attorney general before Venugopal.

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