Kochi: A Division Bench of the Kerala High Court on Tuesday admitted a writ petition seeking a direction to the Central Bureau of Investigation (CBI) to take over the investigation into the alleged irregularities in the award of contract for the modernisation of the Pallivasal, Sengulam and Panniyar hydroelectric projects and extension work of the Kuttiyadi irrigation project to the Canada-based company SNC Lavalin.

The Bench comprising Chief Justice V.K. Bali and Justice S. Siri Jagan, while issuing notice to the State and Union Governments and the CBI, posted the petition along with a contempt petition on the same issue for December 15.

When the petition filed by the People's Union for Civil Liberties, Thalassery, came up before the Bench, the Advocate General submitted that the Cabinet had decided that only a Vigilance probe was needed. The Cabinet did not favour a CBI inquiry. The court then enquired whether the Cabinet decision was unanimous.

The petition sought a direction to the Union Government to issue a notification entrusting the investigation to the CBI.

The petitioner pointed out that when another writ petition had come up before the court, the State Government had assured the court that it would hand over the investigation to the CBI. The State could not now withdraw its consent for the CBI investigation.

The petitioner pointed out that the Union Government was bound to issue a notification entrusting the case to the CBI. The petitioner said the CBI had stated before the court that it recommended to the Union Government that the case could not be entrusted to it as a Vigilance probe was on. The petitioner said the CBI could not make such a recommendation on its own. It was for the Union Government to take a decision on the request of the State Government for a CBI probe.

The petitioner said that the KSEB had lost Rs.374 crore in the deal.

The contempt petition was filed by T.P. Nandakumar, Editor, Crime Weekly, against the CBI for not taking over the investigation.

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