Lawstreet Journal

When two Courts Approve Discharge at The Same Time, Strong Submissions Must dislodge the Judgments: SC Tells SG

Lawstreet Journal 9 Oct 2020 4:19pm

Image courtesy: Lawstreet Journal Judiciary When two Courts Approve Discharge at The Same Time, Strong Submissions Must dislodge the Judgments: SC Tells SG

On Thursday, the Supreme Court agreed to hear the CBI appeal on 16 October challenging the judgment of the Kerala High Court upholding the decision of a special court to allow the discharge petition of one of the accused in the SNC-Lavalin case, Kerala Chief Minister Pinarayi Vijayan.

SG Tushar Mehta began, “This is a case in which the suspects were discharged despite the CBI having filed a detailed charge sheet. I submitted a chronology of the facts, a PIL was filed and the CBI investigation was directed by the Kerala High Court. The investigation was completed and, on 10.6.2009, a thorough charge sheet was filed. Discharge requests were subsequently filed, which were permitted. The High Court then accepted the order of discharge in revision, which we challenged before Your Lordships”, appearing for the CBI, a petitioner.

The CBI has carried out an investigation into the different aspects of the transaction between KSEB and SNC Lavalin. The CBI "absolved" several people who had active participation in the making of the contracts on the ground that specific facts and materials could not be gathered against them. The CBI also discovered that the plot carried out by the accused in 1995 continued until 1998 and that several other individuals also joined the plot by misusing their official position, either to make monetary gains for themselves or to make monetary gains for the Lavalin SNC. The former Minister of Electricity and even the former Joint Secretary of the Department of Electricity were also arraigned as… Continue Reading...

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