Thiruvananthapuram: Justice C N Ramachandran Nair commission probing into the
Vizhinjam International Seaport contract deal between the previous UDF government and
Adani Group will be winding up the sittings and submit its report by July first week, despite the continued delay on part of the state government in bringing clarity in the commission’s terms of reference (ToR).
The commission, which held the 13th sitting here on Tuesday, decided to conclude evidence gathering with one more sitting to be held in Kochi on June 4 and 5. The last sitting could be extended for another couple of days, maximum, so that the report could be prepared and submitted within the first week of July, Justice Nair said.
However, the government has not yet clarified on the objections raised by the panel on its ToR, according to which the panel has to presume that the CAG (comptroller and auditor general) findings against the Vizhinjam deal are correct. “It’s up to the aggrieved parties to approach the court against the commission’s ToR,” Justice Nair said during Tuesday’s sitting.
In fact, the commission, during the very first sitting had raised its objection on the ToR ‘loaded with answers’ on loss incurred by the state, opining that the very existence of the commission would be meaningless if the ToR does not permit it to look into the authenticity of the CAG report. However, the commission does not have the power to demand a change in ToR, leaving the ball in aggrieved parties’ court (former chief minister Oommen Chandy and former ports minister K Babu) to move the high court against the adverse presumptions in the judicial commission’s ToR.
During Tuesday’s sitting, the commission heard in detail from Joseph C Mathew, former IT adviser to government, who raised his reservations on model concession agreement, the open tender, extension of concession period and revenue share agreement, besides from political leaders, including MLAs M Vincent and P C George.
The former IT adviser also questioned the increase in total project cost ‘from Rs 3,930 crore approved by the empowered committee (EC) to Rs 4,089 crore in the letter issued by the EC after approval’. He also pointed out lack of logic or justification in escalation of cost-funded works, the then CM’s ‘private visit of Adani during the bid stage’ and the rejection of Indian Navy proposal.
The commission also heard from T Peter of Independent Fish workers’ Federation, who said the project failed to safeguard the livelihood of fishermen and cited adverse impact on the coastal belt. Justice Nair, said the commission’s ToR does not cover such matters.