Solar report to be tabled in Kerala assembly tomorrow

Thiruvananthapuram: A Pandora’s box is set to be opened in the Assembly on Thursday when the solar commission report will be tabled during the  special session. Ahead of that, the government has decided to conduct a preliminary inquiry into the allegations of sexual harassment levelled by Saritha S. Nair and the findings of Justice Sivarajan commission.

There will be no discussion on the report in the Assembly which will meet at 9 am. Chief minister Pinarayi Vijayan will make a statement on the solar issue under Rule 300  and table the four-volume report. Later, it will be distributed to the media.

The  special session will begin with the swearing-in ceremony of Muslim League MLA K.N.A. Khader who won the Vengara seat vacated by Mr P.K. Kunhalikutty in the by-election.

The  UDF leadership has planned a counter strategy to corner the government and bring  in an adjournment motion demanding the ouster of transport minister Thomas Chandy. The UDF parliamentary party will meet  at 8.30 am before the Assembly session. Mr K.C. Joseph MLA and deputy leader of the Congress in the Assembly told DC that they will demand the ouster of Thomas Chandy through an  adjournment motion.  “The issue is live  which cannot be ignored,”  he  said. He also said the  government had gone cold on the report during the last few days as the charges against the UDF leaders were silly. “Pinarayi Vijayan was now less sure of the solar scam case. He will have to answer every question being raised by the Opposition,” he added.

Meanwhile, the government has decided not to register an FIR against the accused in the solar scam in haste as it could weaken the case. It has taken the stand based on the legal advice received from former Supreme Court Judge Arajit Pasayat. In case the investigating team receives concrete evidence during the course of the preliminary inquiry,  it can go ahead and register an FIR.

The government is expected to issue the order for further investigation soon. Saritha  had accused ten prominent politicians of UDF, including former chief minister Oommen Chandy and many of his former colleagues, of sexually harassing her.

The chief minister had with much fanfare disclosed the findings of  the solar commission at a press conference on the day of Vengara bypoll on October 11. He made announcements regarding the registration of criminal and vigilance cases, formation of a special investigation team headed by Rajesh Dewan and shifting of former SIT members from their existing posts on the basis of the legal opinion given by Advocate General C.P. Sudhakara Prasad and Director-General of Prosecutions Manjeri Sreedharan Nair.

However, later the government developed cold feet on the issue and decided to go for a fresh legal opinion from Arajit Pasayt.

Justice Pasayat, deputy chairman of the Supreme Court-appointed Special Investigating Team (SIT) on black money, is understood to have advised the government to proceed with caution while acting on the basis of the report of  the commission of inquiry, which is a fact-finding body  and whose findings are not admissible evidence in court.

Based on this advice, the government is likely to direct the SIT headed by DGP Rajesh Dewan to probe the scope for a criminal investigation based on  the commission  findings. Registering an FIR against  Mr  Oommen Chandy and his erstwhile cabinet colleagues would depend on the outcome of this preliminary exercise.

There is a fear in government circles that straightaway registering an FIR on the basis of the commission report might be quashed by the court as there is no formal complaint as per CrPC provisions. A complaint filed by  scam accused Saritha  is awaiting disposal by DGP Loknath Behera, who is apparently not in a hurry to order an FIR.

Many cases were already being probed by the police, independent of the  commission findings.

However, the government will be able to set in motion  a Vigilance probe, starting with the initial quick verification,  into the corruption allegations and the complicit role of Saritha. If  Mr Chandy and others had sought sexual favours for corrupt practices, the liability lies  with Saritha, allegedly a partner in crime.