A Division Bench of the Kerala High Court on Thursday asked the Centre to state the reasons for the delay in issuing a notification instructing the CBI to take over the investigation into the irregularities in the award of contract for the operation of the State Data Centre (SDC) and three network operating centres under the State Information Infrastructure to Reliance Communications Limited.
The Bench comprising Chief Justice Manjula Chellur and Justice A.M. Shaffique passed the directive while issuing notice to the Centre and the CBI. The petition was filed by Jomon Puthenpurackal of Kottayam. According to him, though the government had issued a notification transferring the investigation to the CBI, the Centre was yet to issue a corresponding order asking the CBI to take over the investigation. The State had also entrusted with the CBI the probe into the allegations of amassing of wealth by T.G. Nandakumar, who allegedly acted as a middleman in fixing the contract.
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The petitioner also pointed out that the Supreme Court had dismissed a plea against a High Court order recording the State government’s submission that it was ready for a CBI probe in these cases.
The High Court verdict came on a petition filed by government Chief Whip P.C. George seeking a CBI probe into the allegations. He had alleged the involvement of former Chief Minister V.S. Achuthanandan and four others in the awarding of the contract. The petitioner said it had been three months since the State government issued a notification. He said it was the obligation of the investigating agency to take over a case and commence investigation forthwith if the allegation revealed cognizable offences. In fact, a substantial delay had been caused by the stay order given by the courts in the case.
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He pointed out that T.G. Nandakumar, who had immense clout among the powers that be, would do everything possible to destroy the evidence and influence the witnesses and thwart an investigation by the CBI if the probe was further delayed. The purpose of the probe should not be defeated solely on account of the inertia or indifference of the Centre. The petition was posted to February 17 for further hearing.