Kerala High Court
Oommen Chandy vs State Of Kerala on 18 August, 2016
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
TUESDAY, THE 15TH DAY OF MAY 2018 / 25TH VAISAKHA, 1940
WP(C).No. 40775 of 2017
PETITIONER(S)/PETITIONER:
OOMMEN CHANDY
S/O.K.O.CHANDY, AGED 74 YEARS,
PUTHUPALLY HOUSE, JAGATHY,
THIRUVANANTHAPURAM.
BY ADVS.SRI.K.P.DANDAPANI (SR.)
SRI.KAPIL SIBAL (SR.)
SRI.S.SREEKUMAR (SR.)
SRI.MILLU DANDAPANI
SMT.TINA ALEX THOMAS
SMT.PRIYANKA RAVINDRAN
SRI.S.VISHNU (V-736)
SMT.TANYA JOY
SRI.RAMEEZ NOOH
RESPONDENT(S)/RESPONDENT:
1. STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2. THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT
DEPARTMENT OF HOME,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN 695001.
RADDL 3 BY ADV. SRI.KRISHNADAS P. NAIR
RADDL 3 BY ADV. SMT.K.L.SREEKALA
RADDL 3 BY ADV. SRI.M.A.VINOD
RADDL 3 BY ADV. SRI.HARIDAS P.NAIR
R1 & 2 BY ADV. SRI.P.NARAYANAN, SR. GOVT. PLEADER
R1 & 2 BY ADV. SRI.V.MANU, SR. GOVT. PLEADER
RPARTY IN PERSON BY ADV. SRI.JOHN JOSEPH
RADDL BY ADV. SRI.B.PREMOD
RADDL. BY ADV. C.L.ANTO (PARTY-IN-PERSON)
RADDL BY ADV. SRI.T.B.HOOD
RADDL BY ADV. SMT.M.ISHA
RADDL BY ADV. SRI.AMAL KASHA
R(ADDL.R3) BY ADV. SMT.B.SABITHA (DESOM)
RADDL BY ADV. SRI.K.RAMAKUMAR (SR.)
RADDL BY ADV. SRI.M.R.SARIN
RADDL BY ADV. SRI.M.R.SASITH
RADDL BY ADV. SRI.G.RENJITH
RADDL BY ADV. SRI.T.H.ARAVIND
RADDL. BY ADV. SRI.C.RAJENDRAN
RADDL. BY ADV. SRI.B.K.GOPALAKRISHNAN
R BY SENIOR GOVERNMENT PLEADER SRI. RANJITH KUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-04-2018 ALONG
WITH W.P.(C).NO.2949/2018, THE COURT ON 15-05-2018 DELIVERED THE FOLLOWING:
WP(C).No. 40775 of 2017 (V)
APPENDIX
PETITIONER(S)' EXHIBITS:
EXHIBIT P1: TRUE COPY OF THE ORDER NO D1/57609/2013 DTD 14/6/2013 CONSTITUTING
SPECIAL INVESTIGATION TEAM ISSUED BY THE DIRECTOR GENERAL OF POLICE
EXHIBIT P2: TRUE COPY OF THE GO(RT) NO.2263/2013/HOME DTD 17/8/2013.
EXHIBIT P3: TRUE COPY OF THE DETAILS OF THE CASES LODGED AGAINST THE SOLAR
SCAM ACCUSED PREPARED IN A TABULAR FORM
EXHIBIT P4: TRUE COPY OF THE NOTIFICATION NO.
77989/SSA2/2013/HOME, DTD 28/10/2013 APPOINTING THE COMMISSION OF INQUIRY
WHICH WAS PUBLISHED IN KERALA GAZETTE(EXTRAORDINARY)NO.3096, VIL II
DTD 29/10/2013 AS SRO NO.867/2013.
EXHIBIT P5: TRUE COPY OF THE ORDER DTD. 24/7/2014 ISSUED BY THE COMMISSION
EXHIBIT P6: TRUE COPY OF THE ORDER DTD. 7/11/2014 ISSUED BY THE COMMISSION OF
INQUIRY
EXHIBIT P7: TRUE COPY OF THE NOTICE ISSUED UNDER SECTION 8-B
EXHIBIT P8: TRUE COPY OF THE QUESTIONS ASKED BY MR.BIJU
RADHAKRISHNAN WHEN HE CROSS EXAMINED CW108 IN-CAMERA
EXHIBIT P8(A): TRUE COPY OF THE ENGLISH TRANSLATED VERSION OF
RELEVANT POTION (PAGE 2) OF EXHIBIT P7
EXHIBIT P9: TRUE COPY OF THE ORDER DTD. 22/6/2016 ISSUED BY
COMMISSION
EXHIBIT P10: TRUE COPY OF THE JUDGMENT DTD. 4/4/2016 IN CRL.MC NO.1784/2016
EXHIBIT P11: TRUE COPY OF THE ORDER PASSED BY THIS HON'BLE COURT IN WPC NO.
2843/2016
EXHIBIT P12: TRUE COPY OF THE COVER PAGE AND PAGES 8 TO 17 OF THE INDIA
TODAY MAGAZINE (MALAYALAM)DTD 16/4/2014
EXHIBIT P12(A): TRUE COPY OF THE INTERVIEW PUBLISHED IN PAGE NOS.60-62 OF INDIA
TODAY MAGAZINE(ENGLISH) DTD. 14/4/2014
EXHIBIT P13: TRUE COPY OF THE DEPOSITION OF CW115 DTD 15/1/2016
EXHIBIT P13(A): TRUE COPY OF THE ENGLISH TRANSLATION OF THE DEPOSITION OF
CW115 DTD 15/1/2016
EXHIBIT P14: TRUE COPY OF THE DEPOSITION OF CW58
EXHIBIT P14(A): TRUE COPY OF THE ENGLISH TRANSLATION OF EXT P14
EXHIBIT P15 : TRUE COPY OF THE LETTER WROTE BY MS.SARITHA NAIR WHILE SHE WAS
IN JAIL TO THE LEARNED CHIEF JUDICIAL MAGISTRATE
EXHIBIT P15(A): TRUE COPY OF THE ENGLISH TRANSLATION OF EXT P15 LETTER EXHIBIT
P16: TRUE COPY OF THE STATEMENT GIVEN BY MS.SARITHA S NAIR TO THE POLICE
EXHIBIT P16(A): TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P16
EXHIBIT P17: TRUE COPY OF THE COVERING LETTER DTD 14/6/2016
WP(C).No. 40775 of 2017 (V)
EXHIBIT P17(A): TRUE COPY OF THE 25 PAGES FABRICATED LETTER SUPPLIED BY THE
COMMISSION TO THE PETITIONER ALONG WITH EXT P17.
EXHIBIT P17(B): TRUE COPY OF THE PETITIONER IS ALSO PRODUCING THE ENGLISH
TRANSLATION OF THE EXT P17(A) LETTER WHICH WAS STRENUOUSLY DONE BY THE
COMMISSION ITSELF IN PAGES 260-284 OF VOLUME I OF THE COMMISSION REPORT
EXHIBIT P18: TRUE COPY OF THE PRESS NOTE DTD 11/10/2017
EXHIBIT P19: TRUE COPY OF THE ANALYSIS OF VOLUME I COMMISSION REPORT
EXHIBIT P19(A): TRUE COPY OF THE ANALYSIS OF VOLUME II OF COMMISSION REPORT
EXHIBIT P19(B): TRUE COPY OF THE ANALYSIS OF VOLUME III OF COMMISSION REPORT.
EXHIBIT P20: TRUE COPY OF THE MEMORANDUM OF ACTION TAKEN
EXHIBIT P20(A): TRUE COPY OF THE ENGLISH TRANSLATION OF MEMORANDUM OF
ACTION TAKEN
EXHIBIT P21: TRUE COPY OF THE GOVERNMENT ORDER GO(MS)NO.
231/2017/HOME DTD. 8/11/2017
EXHIBIT P21(A): TRUE COPY OF THE ENGLISH TRANSLATION OF GOVERNMENT ORDER
GO(MS) NO 231/2017/HOME DTD. 8/11/2017
EXHIBIT P22: TRUE COPY OF THE PRESS NOTE SUPPLIED BY THE GOVERNMENT TO THE
PRESS ON 9/11/2017
EXHIBIT P22(A): TRUE COPY OF THE ENGLISH TRANSLATION OF PRESS NOTE SUPPLIED
BY THE GOVERNMENT TO THE PRESS ON 9/11/2017
EXHIBIT P22(B): TRUE COPY OF THE OPINION DTD 6/1/2017 BY DR.JUSTICE ARIJITH
PASAYAT , JUDGE, SUPREME COURT OF INDIA(RETD) PUBLISHED BY MEDIA PERSONS
EXHIBIT P23: TRUE COPY OF THE COMMISSION REPORT (IN IV VOLUMES)
RESPONDENT(S)' EXHIBITS:
EXHIBIT R1(A): COPY OF THE COMPILATION OF ASSEMBLY PROCEEDINGS OF 9TH
SESSION OF 13TH KERALA LEGISLATIVE ASSEMBLY RELIED UPON BY THE COMMISSION
CAPTIONED AS ASSEMBLY PROCEEDINGS PAPER BOOK VOLUME-IV.
EXT.R1(B): COPY OF THE REPRESENTATIONS OF LDF AND TRIVANDRUM CITIZEN
PROTECTION FORUM FORWARDED BY THE GOVERNMENT TO THE COMMISSION AND
CAPTIONED AS PAPER BOOK-III BY THE COMMISSION.
EXT.R1(C): COPY OF THE NEWSPAPER REPORTS PUBLISHED IN MATHRUBHUMI
RELATING TO SOLAR SCAM FOR THE PERIOD FROM 15.6.2013 TO 30.10.2013 CAPTIONED
AS MATHRUBHUMI PAPER BOOK VOLUME-I.
EXT.R1(D): COPY OF THE ORDER DATED 18.8.2016 PASSED BY THE COMMISSION.
EXHIBIT R1(E): TRUE COPY OF THE INDEX AND THE PAGE NOS.1, 116, 117, 167 AND 176
OF ENGLISH TRANSLATIONS OF DEPOSITIONS OF CW 108
EXHIBIT R1(F): TRUE COPY OF THE ORDER DATED 9/8/2016 OF THE COMMISSION
EXHIBIT R1(G): TRUE COPY OF THE DEPOSITION OF CW 38, TRANSLATED INTO ENGLISH
BY THE COMMISSION
EXHIBIT R1(H): TRUE COPY OF THE JUDGMENT DATED 24/7/2014 IN WPC NO.16752/2014
WP(C).No. 40775 of 2017 (V)
EXHIBIT RI(I): TRUE COPY OF COMPLAINT OF THE PETITIONER IN CC
NO.206/2017
EXHIBIT R1(J): A TRUE PHOTOCOPY OF THE NOTICE NO.1/2014/SC DATED 9/4/2014
ISSUED BY THE SOLAR COMMISSION
EXHIBIT R1(K): TRUE PHOTOCOPY OF THE STATEMENT FILED ON BEHALF OF THE STATE
OF KERALA BEFORE THE SOLAR COMMISSION IN RESPONSE TO THE STATEMENT OF
ALLEGATIONS FILED BY PARTIES B TO F THEREIN.
EXHIBIT R1(L): TRUE PHOTOCOPIES OF THE PROCEEDINGS OF THE SOLAR COMMISSION
FROM 21/12/2015 TO 23/01/2016
EXHIBIT R1(M): TRUE PHOTOCOPY OF THE PROOF AFFIDAVIT FILED BY THE PETITIONER
BEFORE THE SOLAR COMMISSION
EXHIBIT R1(N): A TRUE PHOTOCOPY OF PAGE NOS.1, 22, 23, 32, 57, 58 OF THE
DEPOSITION(TRANSLATED IN ENGLISH BY THE COMMISSION) OF THE PETITIONER
BEFORE THE SOLAR COMMISSION
EXHIBIT R1(O): A TRUE PHOTOCOPY OF THE COMPOSITE ARGUMENT NOTES DATED
2/3/2017 FILED BY THE PETITIONER BEFORE THE SOLAR COMMISSION.
//TRUE COPY//
P.S. TO JUDGE
prp/
'C.R.'
A.K.JAYASANKARAN NAMBIAR, J.
-------------------------------
W.P.(C).NO.40775 OF 2017 (V)
&
W.P.(C).NO.2949 OF 2018 (P)
-----------------------------------
Dated this the 15th day of May, 2018
JUDGMENT
A former Chief Minister, and a former Home Minister, of the State of Kerala, are the petitioners in these writ petitions that impugn the report of a Commission of Inquiry that was constituted to inquire into allegations pertaining to, what has now come to be infamously known as, the Solar Scam in Kerala.
2. In June 2013, one Saritha S. Nair and Biju Balakrishnan were arrested in a series of cheating cases that were filed on the basis of complaints received from various persons who claimed to be victims of fraudulent activities carried on by the said two persons. The offence alleged in those cases was that the duo cheated various customers in the State of Kerala to the tune of approximately Rs.6 Crores of Rupees by promising to install Solar Energy Panels and Wind Mills. Probably on account of the enormity of the cheating and the public attention that it attracted, the cases came to be collectively W.P.(C).NO.40775/2017 & 2 W.P.(C).NO.2949/2018 known as the Solar Scam. The scam attracted media attention because the duo, along with some of their aids through a Company called Team Solar Renewable Energy Solutions (P) Ltd, claimed that they had high connections with well-known politicians and this claim was used to impress their customers.
3. It would appear that 36 criminal cases were registered against Team Solar and considering the public demand, the State Government constituted a Special Investigation Team to inquire into the matter. After an investigation conducted by the said team, final reports were filed in the said 33 cases. The details of the cases lodged against the Solar Scam accused are given in tabular form in Ext.P3 produced in W.P.(C).No.40775 of 2017. On account of continued political objections, however, the State Government appointed a one-man commission of Inquiry headed by Justice (Retd.) G. Sivarajan, under the Commissions of Inquiry Act, 1952, vide Ext.P4 Notification No.77989/SSA2/2013/Home dated 28.10.2013, published in the Kerala Gazette (Extraordinary) No.3096, Vol.II dated 29.10.2013. The terms of reference (hereinafter referred to as b