The Kerala High Court on Friday observed that the allegation of Sreedharan Nair, complainant in a solar cheating case, that he met Chief Minister Oommen Chandy along Saritha S. Nair, an accused in the case, at the Chief Minister’s Office need not be probed as the court found that it was not true.
Justice Harul-Ul-Rashid made the observation while dismissing a petition seeking a directive to the Special Investigation Team (SIT) probing solar cheating cases to seize the hard disks and server of the CCTV cameras installed in the secretariat and the CMO and verify the allegation against the Chief Minister.
The judge said the SIT should proceed with the investigation untrammelled by any of the findings and observation made by the court in this case.
The court said it was crystal clear from the complaint of Mr. Nair that he had met the Chief Minster along with Saritha on a day prior to June 22, 2012. There was a lengthy discussion with the accused on establishing a solar plant on June 22 and Mr. Nair was convinced of the soundness of project. The accused went to the establishment of Mr. Nair and offered him all help on June 25.Thereafter, Mr. Nair entered into an agreement with Saritha. However, in his statement given under Section 164 of the Code of Criminal Procedure before a magistrate court, Mr. Nair said he was taken to the office of the Chief Minister by Saritha at 8 p.m. on July 9, 2012 and he met the Chief Minister.
Mr. Nair alleged in this statement that the Chief Minister encouraged him to do business with Saritha.
The court further pointed out that the alleged meeting with the Chief Minster, if true, was on a day prior to June 22, 2012. Therefore, Mr. Nair’s statement that he met the Chief Minister along with Saritha on July 9 was not true and therefore, need not be probed, the court observed.
The court also observed that there was no material before the court to find out whether the Chief Minister had assured him of the credentials of the solar company promoted by the accused and encouraged Mr. Nair to do business with Saritha. Even if it was assumed that he had given such an assurance, it would not amount to any criminal act under Section 420 of the Indian Penal Code, the court added.
The judge observed that the complaint, the statement, and affidavit filed by Mr. Nair did not disclose any role played by the Chief Minister.
