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HC asks Kerala to decide on CBI's plea to prosecute Vijayan
February 12, 2009 23:08 IST
Turning the heat on senior Communist Party of India-Marxist leader Pinarayi Vijayan, the Kerala [Images] High Court on Thursday asked the Left Front government to act independently without 'political compulsions' while deciding on the Central Bureau of Investigations plea to prosecute him in the SNC-Lavalin graft case.
The Left Democratic Front government should act independently without 'political compulsions' while deciding on CBI's plea to arraign Vijayan and two former officials in the case in which 11 persons, including the CPI-M leader, were named by the investigation agency, said a division bench of Acting Chief Justice J B Koshy and Justice P Bhavadasan in its order on the two PILS on the case.
As a constitutional authority, the Governor "has to take" a stand on CBI's plea to arraign Vijayan as an accused in the
SNC-Lavalin corruption case, the bench said.
With regard to two former officials, the sanction has to be given by the government, it said, adding the council of
ministers should act independently despite political compulsions.
The PILs sought a declaration that sanction was not necessary for launching prosecution proceedings against Vijayan and the two former officials.
As the Governor has sought the cabinet's opinion on the issue of sanction, the court directed the government to decide the question within a 'reasonable time', preferably within three months. If more time is required, it is for the sanctioning authority to approach this court with proper explanation, the bench held.
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