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This is an archive article published on May 6, 2009

Kerala govt not to prosecute Vijayan in Lavlain case

Kerala government accepted Advocate General's advice against granting permission to prosecute CPI(M) state secretary Pinarayi Vijayan in the SNC Lavlain corruption case.

The LDF-led Kerala government on Wednesday accepted the Advocate General’s advice against granting permission to prosecute former minister and CPI(M) state secretary Pinarayi Vijayan in the SNC Lavlain corruption case.

According to LDF sources,the cabinet formulated its view in the matter based on the opinion given last week by AG Sudhakaran Prasad that there was no firm ground to prosecute Vijayan.

Meanwhile,Congress-led UDF called a strike tomorrow in protest against the government decision. After the cabinet meeting on Wednesday,Chief Minister V S Achuthanandan told reporters that the government had formed its opinion on the issue and the governor would be informed of it. He,however,declined to reveal the content of the communication to be sent to the governor.

“We have taken our decision on the issue. But I don’t intend to share it with media,” Achuthanandan said.

CBI,which investigated the case,sought the permission of Governor R S Gavai to prosecute Vijayan and two officials. CBI sought to arraign the former minister as ninth accused.

The politically-sensitive case pertained to alleged corruption in awarding contract to Canadian firm SNC Lavalin for renovation of three hydro power stations when Vijayan was power minister in 1997. CBI said it found ground for prosecuting Vijayan stating that he was involved in a conspiracy with others for clinching the deal which resulted in a big loss to the state.

The Lavalin scandal surfaced with Comptroller and Auditor General in 2005 finding that the expenditure to the tune of Rs 474.50 crore incurred for renovation of the three power stations did not yield the commensurate benefit to the state. It was also pointed out that the state did not receive Rs 89.93 crore out of the Rs 100 crore promised by the company to be arranged through the Canadian donor agencies for the Malabar Cancer Centre in Thalassery in Vijayan’s home district

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Apart from the Congress-led UDF using it as a political tool against LDF,the long-drawn Lavalin case had its ramifications in the internal tussles in the CPI(M) as well with Achuthanantan seizing it as a weapon against Vijayan.

In open defiance of the party’s official line that Vijayan was implicated in the case by CBI with political considerations,Achuthanandan has refused to utter a single word in defence of his estranged colleague. Even after the AG gave his report,much to the elation of the Vijayan and his supporters,Achuthanandan had reportedly made his dissenting voice in party forum against accepting the AG’s opinion without a fresh round of discussion in the party

polit bureau.

Opposition leader Oommen Chandy had urged Achuthanandan to reject the AG’s report,paving way for Vijayan to stand trial and prove his innocence,if he was not involved in any corrupt deal.

Announcing the decision to go on hartal from 6am to 6 pm tomorrow,UDF convener P P Thankachan told reporters at Kochi that the cabinet’s decision was a ‘betrayal and cannot be justified.’ There will not be any forceful closure of shops or blocking of vehicles and ongoing local temple festivals will not be affected due to the hartal,he said.

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Criticising the AG,Thankachan said Advocate General was giving ”contradictory” statements on the preparation of the legal opinion which he had sent to the Chief Minister’s office and demanded that he be removed from the post.

Alleging that the AG had links with CPI(M) and had played ‘cheap politics’ Thankachan demanded that the AG’s legal opinion be ‘rejected’. Lashing out at the CPI(M),Thankachan said Opposition leader Oommen Chandy had wrote to the Chief Minister asking him to provide an opportunity to the opposition to air their views on the matter ahead of the cabinet meeting but “they did not agree.” Referring to AG’s claim that he was constrained to sent the legal opinion on the basis of available document,hankachan said instead of sending the legal opinion,AG should have taken steps to obtain the full document.

It was never UDF’s intention to put people to hardship he said,adding during the last three years of LDF rule in the state,UDF had only once given a call for hartal on the price rise issue. Thankachan alleged that LDF constituents had not expressed their views on the issue.

Describing Achuthananthan as a ‘weak Chief Minister’,Thankachan alleged Achuthananthan was ‘inefficient’ and ‘only wants to protect his chair’. A UDF meeting will be held in Thiruvananthapuram on May 8 to discuss the matter and to chalk out future plan of action,he said.

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