Conspiracy hatched at different stages in giving contract: CBI
KOCHI: The CBI today argued before the Kerala High Court that a trial was must to prove the conspiracy in giving the contract to revamp the power projects to a Canadian firm when CM Pinarayi Vijayan was power minister in 1996.
Claiming that the conspiracy was hatched at different stages in awarding the contract, the CBI assailed the lower court order discharging Vijayan and six others and said a full-fledged trial was necessary to prove the conspiracy.
In a criminal case, the actual trial begins only after framing of charges in the case by the court on the basis of prima facie evidence existing against the accused, who is discharged by the court in absence of evidence.
The CBI was arguing on its plea against the 2013 order of the Thiruvananthapuram special court which discharged Vijayan and others in the case of alleged corruption in awarding the contract to the Canadian firm SNC-Lavalin that caused a 'loss' of Rs 374.50 crore to the state exchequer.
The probe agency was making the submission to Justice P Ubaid during the resumed hearing on its petition against the trial court's order.
During the hearing on March 17, Vijayan had denied before the high court that there was any conspiracy in awarding a contract to the Canadian firm to revamp the hydroelectric projects when he was power minister.
The decision to award the contract to renovate the three power projects to SNC Lavalin was taken by the state Cabinet, he had said.
Appearing for Vijayan, senior Supreme Court lawyer Harish Salve had said the original Memorandum of Understanding was signed during the previous UDF regime by erstwhile Electricity Minister G Karthikeyan in 1995.
The CBI, however, did not arraign Karthikeyan as an accused, Salve had said, alleging that Vijayan was named as an accused under a conspiracy by the Congress-led UDF government.
Lavalin had undertaken several other renovation projects and the CBI did never raise any doubt regarding the competence and integrity of the World Bank-approved company, Salve had said.
Claiming that the conspiracy was hatched at different stages in awarding the contract, the CBI assailed the lower court order discharging Vijayan and six others and said a full-fledged trial was necessary to prove the conspiracy.
In a criminal case, the actual trial begins only after framing of charges in the case by the court on the basis of prima facie evidence existing against the accused, who is discharged by the court in absence of evidence.
The CBI was arguing on its plea against the 2013 order of the Thiruvananthapuram special court which discharged Vijayan and others in the case of alleged corruption in awarding the contract to the Canadian firm SNC-Lavalin that caused a 'loss' of Rs 374.50 crore to the state exchequer.
The probe agency was making the submission to Justice P Ubaid during the resumed hearing on its petition against the trial court's order.
During the hearing on March 17, Vijayan had denied before the high court that there was any conspiracy in awarding a contract to the Canadian firm to revamp the hydroelectric projects when he was power minister.
The decision to award the contract to renovate the three power projects to SNC Lavalin was taken by the state Cabinet, he had said.
Appearing for Vijayan, senior Supreme Court lawyer Harish Salve had said the original Memorandum of Understanding was signed during the previous UDF regime by erstwhile Electricity Minister G Karthikeyan in 1995.
The CBI, however, did not arraign Karthikeyan as an accused, Salve had said, alleging that Vijayan was named as an accused under a conspiracy by the Congress-led UDF government.
Lavalin had undertaken several other renovation projects and the CBI did never raise any doubt regarding the competence and integrity of the World Bank-approved company, Salve had said.
