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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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Parliament winter session: Government lists 15 bills, including Waqf bill

The session will kick off on November 25 and conclude on December 20.

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The government has listed five new ones and one to amend the contentious Waqf law out of 15 bills for the winter session of Parliament. The session will kick off on November 25 and conclude on December 20.

The government has introduced five new bills, including the Coastal Shipping Bill, 2024, which aims to promote coasting trade and increase the participation of Indian-flagged vessels owned and operated by Indian citizens for both national security and commercial purposes.

Another significant legislation that will be introduced by the government is the Indian Ports Bill, 2024. This bill is designed to implement measures for the conservation of ports, enhance security, and manage pollution, ensuring compliance with India’s international obligations and statutory requirements.

Additionally, the government plans to introduce the Merchant Shipping Bill, 2024, which aims to meet India’s obligations under maritime treaties and support the development of Indian shipping while ensuring the efficient operation of the Indian mercantile marine in a way that serves national interests.

Pending legislation includes the Waqf (Amendment) Bill, which is awaiting consideration and passage after the joint committee of both Houses submits its report to the Lok Sabha. The committee is expected to report by the end of the first week of the winter session.

Currently, there are eight bills, including the Waqf (Amendment) Bill and the Mussalman Wakf (Repeal) Bill, pending in the Lok Sabha, while two additional bills are in the Rajya Sabha.

Furthermore, the government has also listed the Punjab Courts (Amendment) Bill for introduction, consideration, and passage, which seeks to increase the pecuniary appellate jurisdiction of Delhi district courts from Rs 3 lakh to Rs 20 lakh.

The Merchant Shipping Bill, along with the Coastal Shipping Bill and the Indian Ports Bill, is slated for introduction and eventual passage.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare.

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International Criminal Court issues arrest warrant against Israel PM Benjamin Netanyahu over war crimes

The International Criminal Court (ICC) today issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant over alleged war crimes and crimes against humanity.

The court accused Prime Minister Netanyahu and Defence Minister Gallant of crimes against humanity, including murder, persecution, inhumane acts, and the war crime of starvation as a method of warfare. The leaders allegedly restricted essential supplies such as food, water, and medical aid to civilians in Gaza, resulting in severe humanitarian crises and deaths, including among children.

Last year in October, Israel had launched attacks on Gaza in retaliation for the surprise attack by Hamas. The Israel-Hamas war has led to the death of thousands of civilians, while lakhs have been displaced. The major infrastructures in Gaza, including hospitals and schools, were also destroyed as Israel vowed to wipe out Hamas.

The International Criminal Court stated that it found reasonable grounds to believe the accused intentionally targeted civilians and limited medical supplies, forcing unsafe medical procedures, which caused immense suffering. This ruling was based on the findings from at least October 8, 2023 until at least May 20, 2024.

The court remarked that it has assessed that there are reasonable grounds to believe that PM Netanyahu and Defence Minister Gallant bear criminal responsibility as civilian superiors for the war crime of intentionally directing attacks against the civilian population of Gaza.

Furthermore, it also noted that the lack of food, water, electricity and fuel, and medical supplies created conditions of life calculated to bring about the destruction of part of the civilian population in Gaza, leading to death of civilians, including children due to malnutrition and dehydration.

Additionally, the International Criminal Court dismissed two challenges by Israel against its jurisdiction in the situation in the State of Palestine.

Notably, Israel had contested the ICC’s jurisdiction, claiming it could not be exercised without Israel’s consent. Nonetheless, the Chamber ruled that the Court has jurisdiction based on Palestine’s territorial scope, including Gaza, the West Bank, and East Jerusalem. It further noted that Israel’s objections were premature, as jurisdictional challenges under the Rome Statute can only be made after an arrest warrant is issued.

Reportedly, Israel had also requested a fresh notification regarding the investigation, started in 2021. Denying the request, the court stated that Israel had earlier declined to request a deferral, making additional notifications unnecessary.

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Yogi Adityanath accords tax-free status to Sabarmati Report film in Uttar Pradesh

Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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Uttar Pradesh Chief Minister Yogi Adityanath on Thursday accorded a tax-free status to ‘The Sabarmati Report’ film, based on the train burning incident at Godhra in Gujarat in 2002, in the state.

The announcement was made after Chief Minister Adityanath attended the screening of Vikrant Massey and Raashii Khanna-starrer ‘The Sabarmati Report’ in Lucknow with the film’s cast.  

Speaking to reporters, actor Vikrant Massey thanked the Uttar Pradesh Chief Minister for making ‘The Sabarmati Report’ film tax-free in the state. “I want to thank Yogi Adityanath ji. This is an important film and I appeal to everyone to go and watch this film,” he said.

Chief Minister Adityanath along with many of his cabinet colleagues watched the film ‘The Sabarmati Report’ under a special screening at a cinema hall in the capital, said a spokesperson of the state government.

Several people associated with the film unit were also present on the occasion. Later the chief minister announced to make this film tax-free in UP.

The BJP-ruled states have been praising the makers of The Sabarmati Report, claiming the team has tried to bring out this truth in front of the people of the country through the film.

The saffron party is appealing to people to watch this film and try to get closer to the truth of Godhra.

Uttar Pradesh becomes the sixth BJP-ruled state after Haryana, Rajasthan, Chhattisgarh, Madhya Pradesh and Gujarat to declare lead actors Vikrant Massey and Raashii Khanna’s film tax-free.

Adityanath said along with identifying the faces of those who are conspiring against the country for political gains, there is also a need to expose them. The film team has discharged its responsibilities to expose the truth, he said, adding an attempt has been made to bring the real truth in front of the country in a big way through the film.

The Sabarmati Report is said to be based on the incident of setting fire to a train full of ‘karsevaks’ in Godhra on February 27, 2002, killing 90 devotees. After this incident, communal riots broke out in Gujarat. Earlier, Prime Minister Narendra Modi and Home Minister Amit Shah have also praised this film.

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