Palmolein import case: Kerala moves SC for resumption of trial

Former Kerala Chief Minister K Karunakaran,who is also an accused in the case,had challenged the Kerala High Court order which had given a go-ahead for his prosecution along with others in the 20-year-old case.

The state government’s application,filed through advocate R Satish,told the court that Karunakaran’s appeal has been figuring in the apex court’s business list since July this year but it has not come up for hearing till now.

It said because of the apex court’s stay on the trial,the CBI court has been regularly adjourning it since 2007.

Kerala government’s application seeking resumption of the trial assumes importance as the apex court is already seized of various petitions challenging Thomas’ appointment as CVC.

The petitioners contended that since Thomas is facing corruption charges,he cannot do justice to his job as the watchdog against corruption.

There were eight accused in the case and only Karunakaran has been moving different courts for various types of relief since the FIR was registered in 1991-92.

The chargesheet in the case was filed in 2000 against Karunakaran and seven other senior state government officials,including Thomas who was then Kerala’s Food Secretary.

The then Chief Secretary of the state,besides Additional secretary and Kerala State Civil Supplies Corporation’s Mangaging Director G G Thomas is also named as an accused in the FIR.

The case pertains to the import of palm oil from a Singapore firm,which was allegedly done at prices higher than the international rate.

The Karunakaran cabinet had approved the import of 15,000 tonnes of palm oil at a rate of $405 per tonne whereas the market price was $392.25 per tonne.

As Secretary,Food and Civil Supplies,Thomas had issued the government order for the import which caused a loss of Rs 2.32 crore to the state exchequer.

Karunakaran had first challenged the registration of the FIR against him in the case.

In November 2005,the state government had decided to move the trial court to withdraw the prosecution against Karunakaran.

In 2006,it,however,cancelled its decision for withdrawing his prosecution stating that there was no such intention and favoured going ahead with the criminal proceedings against all the eight accused including Thomas.

At this stage,Karunakaran approached the Supreme Court contending that he cannot be prosecuted as under section 19 of the Prevention of Corruption Act,there was a need for sanction to prosecute him.

Karunakaran’s petition was heard along with that of Punjab Chief Minister Parkash Singh Badal in which the apex court said since Karunakaran was not holding any office which was allegedly abused at the time of taking cognizance,no sanction was required for prosecuting him.

Later,the former Kerala Chief Minister had approached the High Court contending that the case against him was filed as a result of political vendetta,which was rejected on the ground that there was no merits in his petition.

The High Court had said that the state government’s decision to continue with his prosecution was not vitiated by political malafide and had asked the special court to proceed with the trial.

Karunakaran had appealed against the High court order in the apex court which on August 3,2007 had stayed further proceedings in the case.