The Hindu : Minister, others acquitted in Graphite case

Online edition of India's National Newspaper
Friday, Feb 06, 2004

Kerala

Kerala

Minister, others acquitted in Graphite case

By Our Special Correspondent

THIRUVANANTHAPURAM, FEB. 5. The Vigilance Special Judge, M.S. Mohanachandran, today acquitted the Transport Minister, R. Balakrishna Pillai, and two others in the second module of the Graphite case relating to the `illegal' sale of 1.66 crore units of power worth Rs.19.02 lakhs to a Bangalore-based private firm, Graphite India Ltd., during 1985-86.

The Special Prosecutor in the case, N. Haridas, had filed a petition in the court seeking to withdraw the prosecution of the case as the Supreme Court had acquitted the Minister and the two others in the first module of the case.

While accepting the plea, the judge rejected a private petition filed against the Government's decision to drop the case. Apart from the Minister, the former KSEB chairman, P. Kesava Pillai, and the former Power Secretary, G. Gopalalakrishna Pillai, were the other accused.

The judge accepted the contention of the prosecution that there was no material in this case which would warrant the conviction of the accused persons. He rejected the private petitioner, Chandrasekhar's contention that the Government's direction was the sole basis for the withdrawal of the case and that there had not been any independent evaluation of evidence.

The judge rejected the contention that the evidence collected in one case was no basis or foundation for acquittal in another case. This was a general principle and it applied equally to all classes of cases, including criminal cases, the order said.

The Vigilance had charged the accused with violating the provisions of the Electricity (Supply) Act, 1948, and the KSEB (Kerala State Electricity Board) Rules and the case was pending trial in the Special Court. After the Supreme Court set aside the first module of the case on the basis of an appeal filed by Mr. Balakrishna Pillai, the State Cabinet decided in October last to withdraw the second module of the case.

In its order dismissing the first module, the apex court had noted that the sale of electricity to Graphite India was part of a trade agreement between two State Governments and that no corrupt deal was involved. There was no evidence to support the conclusion that there was scarcity of electricity in Kerala during the relevant period.

The apex court order had further said that the KSEB had not sold power to Graphite India, since all supplies were made to the Karnataka Electricity Board. The prosecution had failed to prove that the accused had illegally sold power to Graphite India and helped it to make a profit.

The Government had sought the opinion of the Advocate General on withdrawing the second module and was advised that the case be withdrawn as the offence was the same in the two modules and only the period of the transaction differed.

The third module of the case, in which Mr. Balakrishna Pillai and the other stand accused of diverting National Thermal Power Corporation (NTPC) power to Graphite India between August, 1986 and March, 1987, is pending in the Special Court. The case, however, has not been chargesheeted so far.

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