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SNC Lavalin case: SC to re-examine Kerala CM Vijayan’s discharge in case

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SNC Lavalin case: SC to re-examine Kerala CM Vijayan's discharge in case

SC admits CBI’s appeal against discharge of Pinarayi Vijayan and others in the case by Kerala HC, stays trial till further orders

In a move that could have serious political ramifications in Kerala, the Supreme Court on Thursday (January 11) admitted an appeal by the CBI challenging the discharge of chief minister Pinarayi Vijayan and two others in the SNC Lavalin corruption case by the Kerala High Court.

The apex court, which is hearing an appeal filed by other accused in the case who had not been discharged by the Kerala High Court, stayed the trial till further orders and issued notices to Vijayan, K. Mohanachandran and A Francis. Mohanachandran and Francis were senior officials in the Kerala government’s department of power in the 1990s when the alleged SNC Lavalin scam took place while Vijayan was the state’s energy minister.

Vijayan and the two others had been discharged in the case by the Kerala High Court in August last year. The CBI had appealed to the apex court against their discharge from all criminal and corruption charges and argued that the case needed to be re-heard.

On Thursday, a Bench of Justices NV Ramana and S Abdul Nazeer issued notice on the CBI appeal to Vijayan – now the Kerala chief minister – and the two former bureaucrats of the Kerala power department. However, the apex court dismissed the discharge petitions moved by KG Rajasekharan Nair, then Member (Accounts) of the Kerala State Electricity Board (KSEB) and Kasthuriranga Iyer, who was Chief Engineer (Generation) in the Board.

Nair and Iyer had submitted before the apex court that they should have been treated at par with Vijayan and the other two accused who had been discharged in the case. The Bench has now asked the CBI to counter the submissions made by Nair and Iyer.

Additional Solicitor General Tushar Mehta told the Bench: “I have a problem with the release of some accused alone” while asserting that the Kerala High Court had overstepped its jurisdiction under Article 227 of the Constitution and that the SNC Lavalin case needed to be re-heard. The CBI also told the apex court that there was “ample material to show the involvement” of Vijayan in the SNC Lavalin deal involving the award of contracts for the renovation of the three hydel power projects in Kerala in the 1990s.

The CBI said that the Kerala High Court had accused the premier investigation agency of adopting a “pick and choose” policy in naming the accused in the case but had employed the same tool while discharging Vijayan and some others from the case and leaving the rest of the charge-sheeted persons to face trial.

“All decisions [in the Lavalin deal) were taken with the knowledge of all the accused persons named in the charge sheet… discharge of the accused may lead to miscarriage of justice and delay the trial,” the CBI petition has contended.

“It is a matter of fact that there was ample material to prima facie show conspiracy in the matter, which may have been appreciated at the stage of trial only,” it said.

Appearing for the appellants in the case, senior advocate Mukul Rohatgi urged the Bench to grant status quo on the trial proceedings stating that appeals made against earlier orders in the case by the Kerala High Court were pending before the Supreme Court.

“We have not been discharged. Continuation of trial will be detrimental to us now,” Rohatgi said on behalf of his client.

All accused, except the three discharged – including Kerala chief minister Pinarayi Vijayan – are facing trial for causing a loss of Rs 86.25 crore in the KSEB’s contracts with Canadian company SNC Lavalin for the renovation and modernisation of Pallivasai, Sengulam and Panniar hydroelectric power projects in Idukki district of Kerala.

The work was awarded to Lavalin, which was a consultancy firm, allegedly without inviting any tenders for the works that were estimated to cost Rs 243.74 crore. By the time work was completed, the costs had escalated to Rs 374.5 crore. Besides, the KSEB had failed to execute a binding agreement from Lavalin for a grant of Rs 98.3 crore for the construction of the Malabar Cancer Centre. A criminal case was registered on February 12, 2007 and the CBI filed its charge sheet on June 12, 2009.

For several years since the alleged scam broke, it was the cause of much political discomfiture for Vijayan. Political observers in Kerala claim that his alleged role in the SNC Lavalin scam is what had stalled his elevation to the Kerala chief minister’s post in May 2006 when the Left Front won the state assembly polls. The post eventually went to Vijayan’s senior and bitter rival VS Achuthanandan despite the latter’s advancing age.

In the run up to the May 2016 Kerala Assembly polls, the then incumbent Congress-led coalition government under Oomen Chandy, which was also facing charges of corruption, had sought to rake up Vijayan’s alleged involvement in the Lavalin scam hoping to dent the Left Front’s imminent romp to power in the state.

Less than a year after Vijayan became chief minister, the Kerala High Court discharged him in the Lavalin case giving him the much needed political and moral high ground to challenge the alleged corruption of his predecessor’s government and also hit out at Prime Minister Narendra Modi’s BJP government at the Centre.

Over the past two years, Vijayan has been one of the most strident critics of the BJP among the Opposition leaders from across the country and has systematically succeeded in ensuring that the saffron party’s plans of making political inroads in Kerala do not succeed. His stature within the Left Front, more specifically the CPI (M), has also seen a meteoric rise and he has consolidated his position as the undisputed leader of the Kerala faction of the party, along with Prakash Karat. It was Vijayan’s ‘veto’ that dashed the party’s Bengal faction’s effort of securing a third Rajya Sabha term for Sitaram Yechury last year.

However, with the possibility of the SC now re-examining his discharge in the SNC Lavalin case and ordering that he stand trial for the over-two decade old alleged scam, tough political times lie ahead for Vijayan.

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Delhi lifts GRAP-4 pollution curbs as air quality shows improvement

Delhi has lifted GRAP-4 pollution curbs after air quality improved, though officials warn that AQI levels could rise again in coming days.

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Delhi has withdrawn the strictest set of air pollution control measures under the Graded Response Action Plan (GRAP-4) after a noticeable improvement in air quality across the region. The decision was taken by the GRAP sub-committee following a review meeting, where officials noted better atmospheric conditions aiding dispersion of pollutants.

According to the Commission for Air Quality Management, strong winds and favourable meteorological factors led to a sharp improvement in air quality from Tuesday night onwards. As a result, the Air Quality Index (AQI) in the national capital was recorded at 271 on Wednesday, placing it in the ‘poor’ category.

GRAP-4 had been imposed after AQI levels crossed the 450 mark, categorised as ‘severe-plus’, prompting emergency restrictions across sectors. With the situation easing, authorities have now rolled back the highest level of curbs, while confirming that actions under GRAP-1, GRAP-2 and GRAP-3 will remain in force.

What changes for commuters and schools

With the lifting of GRAP-4, older vehicles that were barred from operating during the peak pollution phase are now allowed back on Delhi roads. The earlier restriction permitting entry of only Bharat Stage (BS) 6 vehicles into the capital had affected nearly 1.2 million vehicles registered outside Delhi.

The Delhi government had also directed schools to run classes up to Class 11 in hybrid mode during the severe pollution phase. With the easing of restrictions, schools can now reassess operational decisions in line with the prevailing GRAP stages.

However, officials cautioned that the relief may be temporary. Forecasts by meteorological agencies indicate a possible rise in AQI levels in the coming days due to slower wind speeds. Authorities said they remain prepared to reintroduce stricter measures if pollution levels spike again.

Vehicle norms and ongoing curbs

Under the existing framework, GRAP-1 measures apply when AQI is between 201 and 300, GRAP-2 between 301 and 400, and GRAP-3 between 401 and 450. While GRAP-4 has been lifted, enforcement of emission-related norms continues.

Officials reiterated that vehicles without a valid pollution under control (PUC) certificate will not be allowed to refuel at petrol pumps. The government has maintained that vehicular emissions remain one of the biggest contributors to Delhi’s winter air pollution, accounting for a significant share of particulate matter in busy traffic corridors.

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Unnao rape survivor meets Rahul Gandhi amid protest over court relief to Kuldeep Sengar

The Unnao rape survivor met Rahul Gandhi in Delhi amid protests against court relief to convicted former MLA Kuldeep Singh Sengar, alleging mistreatment during the demonstration.

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The Unnao rape case survivor and her mother met Congress leader Rahul Gandhi on Tuesday evening as they continue their protest against the Delhi High Court’s recent relief to former BJP MLA Kuldeep Singh Sengar, who has been convicted in the case. The meeting took place at the 10 Janpath residence of Sonia Gandhi, where she was also present.

The survivor and her mother have been demonstrating in Delhi after the court granted interim relief to Sengar, allowing him to remain out of jail while his appeal against conviction and sentence is pending. The development has triggered strong political reactions, with opposition parties questioning the message it sends to survivors of sexual violence.

Allegations of mistreatment during protest

Earlier in the day, the survivor’s mother was allegedly manhandled by Central paramilitary personnel during the protest. According to the account shared by the family, security personnel stopped the mother and daughter from speaking to the media and forced the elderly woman to jump off a moving bus.

The duo had been protesting at India Gate along with their lawyer-activist Yogita Bhayana following the court order. They were later detained. On Tuesday morning, they planned to address the media at Mandi House, but the vehicle arranged to transport them did not stop at the intended location. The CRPF later stated that permission to hold a protest had not been granted.

Rahul Gandhi questions treatment of survivor

Reacting to the incident, Rahul Gandhi posted on X questioning whether the survivor was being mistreated for raising her voice against injustice. In his post, he asked if such treatment of a gang rape survivor was justified and criticised what he described as a justice system that grants bail to convicts while treating survivors like criminals.

The survivor, who was sexually assaulted by Sengar in 2017, has said she also wants to meet the Prime Minister to place her concerns directly before him. The case and the latest court decision continue to draw national attention, reigniting debate over survivor safety and access to justice.

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Jammu and Kashmir High Court rejects Mehbooba Mufti’s plea on undertrial prisoners, calls it politically motivated

The Jammu and Kashmir High Court has rejected Mehbooba Mufti’s PIL on undertrial prisoners, stating it was politically motivated and lacked factual basis.

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The Jammu and Kashmir High Court has dismissed a Public Interest Litigation (PIL) filed by People’s Democratic Party (PDP) president Mehbooba Mufti seeking the transfer of undertrial prisoners lodged in jails outside the Union Territory back to prisons within Jammu and Kashmir. The court termed the petition politically motivated, vague and unsupported by facts, observing that it was an attempt to derive political mileage rather than address a genuine public cause.

A bench headed by Chief Justice Arun Palli and Justice Rajnesh Oswal made it clear that public interest litigation cannot be used as a tool to advance political agendas or convert courts into platforms for electoral positioning.

Court says PIL cannot become a political platform

In its observations, the High Court said the plea appeared aimed at projecting the petitioner as a champion of justice for a specific section, rather than raising substantiated legal concerns. The bench underlined that while political parties are free to engage with voters through democratic means, the judiciary must remain insulated from political campaigns.

The court reiterated that PIL jurisdiction is meant to safeguard public interest and not to be misused for electoral gain or political leverage. It cautioned against attempts to draw the judiciary into political narratives.

Undertrials have legal remedies, says court

In the 15-page order passed on Tuesday, the High Court noted that the undertrial prisoners mentioned in the petition are already facing trial before competent courts. According to the bench, adequate judicial remedies are available to such undertrials to raise grievances related to their detention or place of incarceration.

The court further observed that the failure of the concerned undertrials to approach courts on their own indicated that they may not be genuinely aggrieved by their confinement in prisons outside the Union Territory.

No locus standi, petition dismissed

Dismissing the plea, the High Court held that Mehbooba Mufti was a third-party stranger to the cause and therefore lacked the locus standi to invoke the court’s jurisdiction in this matter. The petition was described as misconceived and was rejected accordingly.

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