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New Bench to hear Lavalin case

New Delhi: A Bench of Justice H.S. Bedi and Justice C.K. Prasad will hear the writ petition filed by senior Communist Party of India-Marxist (CPI-M) leader Pinarayi Vijayan in the Supreme Court challenging the Kerala Governor's order granting sanction to the CBI to prosecute him for certain alleged offences in the Rs.300-crore SNC Lavalin case.

The petition is likely to come up for hearing before the new Bench some time in April.

Earlier the petition was heard by Justices R.V. Raveendran and A.K. Patnaik. However, in February this year Justice Raveendran without assigning any reason recused himself. In a brief order the Bench had said “List before a Bench of which Justice Raveendran is not a member.” Hence the petition is now listed before a Bench headed by Justice Bedi.

Mr. Vijayan is accused of wrongfully awarding a contract to a Canadian company SNC Lavalin for renovation of two power plants when he was the State Power Minister in 1997. He said the CBI had written a letter to the Governor seeking sanction for prosecution under Section 197 Cr. P.C.

The Governor referred the matter to the Cabinet which conveyed its decision that it was not necessary to grant sanction to prosecute him. He said despite this decision the Governor wrongly assuming that he had jurisdiction and power to grant sanction on his own (overriding the decision of the Council of Ministers) issued an order according sanction to prosecute him for offences under IPC Sections 120 B read with 420 and Sections 13 (2) and 13 (1) (d) of the Prevention of Corruption Act.

Mr. Vijayan sought a declaration that the Governor's order was ultra vires the Constitution and a direction to set aside the charge sheet filed by the CBI before the Special Judge, CBI, Ernakulam. In its response, the CBI said the decision of the Governor to accord sanction was final and could not be called in question. In its response, Kerala government said that all the allegations levelled by the CBI against the petitioner were baseless and unfounded. The Cabinet after considering and correctly comprehending and evaluating the facts, materials and evidence and also assisted by the Advocate General's opinion advised the Governor that no prima facie case was made out for prosecuting the petitioner. However, the Governor had accorded sanction contrary to the advice, it said supporting Mr. Vijayan.

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