Pinarayi should face trial in SNC-Lavalin case: CBI to SC

THIRUVANANTHAPURAM: Central Bureau of Investigation (CBI) has challenged the differentiation treatment Kerala High Court has taken with different accused in the SNC-Lavalin corruption case.

The CBI, in an affidavit filed in the Supreme Court, argued that all accused including Kerala chief minister Pinarayi Vijayan, former principal secretary (power) K Mohanachandran and former joint secretary (power) A Francis should face trial in the corruption case that dates back to 20 years. The SC is expected to hear the case again on August 17.

CBI affidavit, filed by SP Niyas A, is in response to the petition filed by former KSEB chief engineer Kasthuri Ranga Iyer who along with former KSEB officials K G Rajasekharan and R Sivadasan seeking discharge from the case. The HC order in the case, pronounced on August 23, 2017, discharged Vijayan, the power minister at the time of KSEB inking a deal for appointing Canadian company SNC-Lavalin as consultant and supplier for revamping three hydro-electric projects in the case, and two senior officials K Mohananchandran and A Francis while restoring trail against three other officials.

The trial court had discharged all the accused from the case and Iyer, Rajasekharan and Sivadasan had prayed before the SC to uphold the trial court's discharge order.

The HC order stated that the case would exist and the three accused can be tried, CBI said the observation of the HC with regard to A2 to A4 (Sivadasan, Rajasekharan and Iyer) were true.

Not only them, the discharged accused should also face trial in the case for same set of offences, the CBI affidavit said.

"The specific acts and omissions of individual accused persons can only be decided in a properly conducted trial proceedings and discharge of some accused persons may adversely impact the outcome of trial against the accused (who will be) tried," said the affidavit.

The CBI alleged that the discharge of three accused by the HC was bad in law as the decision to convert the consultancy contract, earlier entered into as supply contract, was taken solely at the behest of Pinarayi Vijayan, while the other two discharged officials Mohanachandran and Francis were serving respectively as principal secretary and joint secretary of power department.

According to CBI, HC should have directed all accused to face trial.

Referring to the proposal for setting up a cancer centre at Thalassery, the CBI affidavit said that decision was taken when Pinarayi Vijayan was in Canada. CBI also said that the change in nature of contract for SNC-Lavalin from consultancy to supplier was taken after the visit of Vijayan to Canada accompanied by K Mohananchandran.