The Hindu : Kerala News : Lavalin case: question of CBI probe to be reconsidered on merit

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Saturday, Dec 16, 2006
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Lavalin case: question of CBI probe to be reconsidered on merit

Staff Reporter

High Court Bench adjourns hearing to December 19

Kochi: A Division Bench of the Kerala High Court on Friday orally observed that the question of ordering an inquiry by the Central Intelligence Bureau (CBI) into the SNC Lavalin issue would have to be reconsidered on merit if the State Government decided that CBI investigation need not be conducted into the case.

The Bench comprising Chief Justice V.K. Bali and Justice P.R. Raman made the observation when a fresh writ petition seeking a CBI probe and also the review petition by the CBI came up.

The judges also orally observed that the contempt of court petition filed by T.P. Nadakumar, Editor, Crime weekly, would have to be reviewed if the CBI had not yet taken up the investigation. The CBI's petition sought to expunge the observation of the court that the CBI had already taken over the investigation and it was in progress. According to the CBI, it had informed the Union Government that the investigation need not be taken over as a Vigilance probe into the case was on. The court orally indicated that there was contempt if the CBI had not taken over the investigation.

When the petition came up, counsel for the CBI submitted that though the State Government had issued a notification giving its consent for the CBI probe, the Union Government had not yet issued any notification entrusting the case to the CBI.

The Advocate General then pointed out that the State Government had now decided not to hand over the investigation to the CBI. The court then observed that the Government would have to file a petition withdrawing its earlier statement made before the court that it proposed to entrust the investigation to the CBI. The court then would consider the averments of the earlier writ petitioner, Mr. Nandakumar, on merit. The Bench reminded the Advocate General that the court did not go into the merit of the contentions for a CBI probe in the light of the submission of the earlier Government. Asking the Advocate General to file a petition withdrawing the Government's earlier stand, the Bench adjourned the hearing to December 19.

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