Thiruvananthapuram (PTI) In a major jolt to the CPI(M) in the politically sensitive SNC-Lavalin graft case, Kerala Governor R S Gavai on Sunday gave sanction to the CBI to prosecute party's state secretary Pinarayi Vijayan, overruling the Cabinet recommendation against it.
The CPI(M)-led LDF government had told the Governor not to permit prosecution of Mr. Vijayan, holding that there was not enough evidence against him, but the CBI had stuck to its guns that there were enough grounds to proceed against Mr. Vijayan.
The Government's recommendation was based on legal opinion of state Advocate General C P Sudhakara Prasad that there was no evidence to prosecute Mr. Vijayan regarding alleged corruption and irregularities in awarding contracts for renovation of three hydro-electric projects to Canadian company SNC-Lavalin when he was Power Minister in 1998.
CBI Additional Superintendent of Police Premkumar received the letter giving sanction to prosecute Mr. Vijayan, the Central agency sources here said.
Finding irregularities in awarding the contract which had resulted in huge loss to the exchequer, the CBI wanted to arraign Mr. Vijayan as the ninth accused in the case.
Reacting sharply to the Governor's action, the CPI(M) termed it as unfortunate and stuck to the stand that it was politically motivated.
Alleging that the Congress-led UDF and anti-CPI(M) forces were putting pressure on the Governor, the party said Mr. Gavai's overruling the state cabinet recommendation was unfortunate.
The CPI(M) made this allegation in its state secretariat release, while reacting to the Governor's action.
The Lavalin case had often brought Chief Minister V S Achuthanandan in conflict with the official group led by Mr. Vijayan with whom he was at loggerheads for long.
The stand taken by Mr. Achuthanandan, who had reportedly raised a dissenting voice at the Cabinet meeting last month when it decided that that there was no ground to give sanction to the CBI to prosecute Mr. Vijayan, had even led several party members to demand his resignation if he could not follow the party's official line.
Mr. Achuthanandan also had reportedly maintained that even the Advocate General, who recommended the government not to give sanction to prosecute Mr. Vijayan, himself had said he did not get all the details of the case from the CBI.
The issue was used as a weapon against Mr. Vijayan by Mr. Achuthanandan who had all along argued that though he was a party man as Chief Minister he had to uphold Constitutional obligations vested on him.
The CPI(M) Central leadership had often silenced Mr. Achuthanandan, but he never let go any opportunity to strike at Vijayan, saying he would continue his crusade against corruption.
At its recent meeting to review the poll outcome which saw LDF end up with a poor tally of four out of 20 Lok Sabha seats, the CPI(M) had said that the campaign by the Opposition UDF in the SNC Lavalin case had caused the Left Front dearly.
The CPI(M) state secretariat in its statement said the party would face "this onslaught politically and legally".
State Home Minister and CPI(M) Polit Bureau member Kodiyeri Balakrishnan said party would challenge in the court whether the Governor had the right to give sanction for prosecution.
He said the cabinet took the decision against prosecuting Vijayan after government was convinced that it was not a fit case for giving sanction for it.
Welcoming the Governor's decision, Leader of the Opposition in the Assembly, Oommen Chandy, said the Governor had performed the constitutional duty.
Union Minister for Overseas Affairs Vayalar Ravi told reporters at Ernakulam that there was nothing special as the Governor had taken the decision legally and performed his constitutional duty.
There were several precedents in the country wherein Governors had taken such a decision, he added.
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