The Kerala High Court on Tuesday restrained print and electronic media, the Kerala government and its agencies, and others from reporting, publishing, or discussing the contents of the letter allegedly written by Saritha S. Nair, an accused in the solar scam, based on which the solar scam inquiry commission made certain findings against former Chief Minister Oommen Chandy and his Ministerial colleagues.
The court passed the interim order while admitting a writ petition filed by Mr. Chandy against the Commission’s findings. Theorder will remain in force for two months.
The court observed that it was not inclined to stay the government order directing registration of criminal cases against Mr. Chandy and others, including some Congress MLAs, an MP, and Congress leaders on the basis of the Commission’s findings.
The court observed that a public discussion on the letter and its contents, the evidential value of which had not been tested in judicial proceedings, could prejudicially affect the petitioner and others in the event of proceedings being initiated against them, based on the report.
The excessive publicity could also cause prejudice by creating a public opinion that could interfere with the administration of justice while denying the petitioner a fair trial, if any proceedings were initiated by the government.
‘Bearing on reputation’
Although Mr. Chandy had challenged the government order in his petition, Kapil Sibal, senior Supreme Court lawyer appearing for him, did not press for a stay on the government order. But he vociferously argued for the restraining order. He contended that the Commission had analysed the letter that had a bearing on the reputation of Mr. Chandy and others without serving notice to the former Chief Minister.
