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SC notice to Govt., Karunakaran

By Our Special Correspondent

NEW DELHI Sept. 13. The Supreme Court on Friday issued notices to the Kerala Government and the former Chief Minister, K. Karunakaran, on a petition filed by the Leader of the Opposition in the State Assembly, V.S. Achuthanandan, seeking to implead in the Rs. 2.80-crore palmolein import case pending before a special court in Thiruvananthapuram against Mr. Karunakaran.

A Bench comprising the Chief Justice, V.N. Khare, Justice Brijesh Kumar and Justice S.B. Sinha ordered notice returnable in two weeks on a petition from Mr. Achuthanandan challenging an order passed by the Kerala High Court rejecting his plea.

Initially in 1997, the Vigilance and Anti-Corruption Bureau, Special Cell, Thiruvananthapuram, had registered a case against Mr. Karunakaran and others alleging that in the palmolein import from Singapore during his tenure as Chief Minister, the State exchequer sustained a pecuniary loss of Rs. 2.80 crores. The special court in March 2001 held that it was necessary to obtain sanction for prosecution from the Lok Sabha for taking cognizance of the case.

But on a revision petition filed by the State, the high court on February 19 held that no permission of the Lok Sabha Speaker was necessary to prosecute the petitioner despite the fact that he was an MP, when he was charge-sheeted. On a special leave petition (SLP) by Mr. Karunakaran, the apex court had already stayed the judgment.

Meanwhile, pending the revision, Mr. Achuthanandan filed an application in the high court for impleadment on the ground that the State Government was not taking effective steps to prosecute the accused. This was dismissed by the high court stating that since the Government had not withdrawn the revision, impleadment was not necessary. The present SLP is directed against this order.

The petitioner submitted that the UDF coalition Government headed by the Congress was dependent on 27 or 28 MLAs of the Karunakaran group. If Mr. Karunakaran decided to withdraw support, the present Ministry would fall. Since the Government was obliged to Mr. Karunakaran for its survival, it was believed that the Government was not keen on prosecuting the case.

In addition, a State Minister made a statement recently that the palmolein case would be withdrawn. Contending that this was a unique instance of a State Government speaking in support of an accused in a serious corruption case, the petitioner sought a direction to implead himself in the case.

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