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The Kerala High Court on Friday observed that the allegation of Sreedharan Nair, a complainant in a solar cheating case, that he had met Chief Minister Oommen Chandy along Saritha Nair, an accused in the case, need not be probed as the court found it to be untrue.
Justice Harun Al-Rashid made the observation while dismissing a petition seeking a directive to the special investigation team probing the solar cheating cases to verify the hard disks and server of CCTV cameras in the Secretariat and the office of the Chief Minster to verify the allegation against the Chief Minister.
The judge, however, added that the investigation agency should proceed with the investigation untrammelled by any of the findings and observation made by the court in this case.
Discrepancy found
The court pointed out that it was clear from the complaint of Sreedharan Nair that he had met the Chief Minster along with Saritha Nair on a date prior to June 22, 2012.There was a lengthy discussion regarding the setting up of solar plant on June 22 with the accused and he was convinced about the project.
The accused visited the establishment of Sreedharan Nair on June 25. Thereafter, Nair entered into an agreement with her.
However, in his statement given under 164 of the Criminal Procedure Code, Sreedharan Nair said that he was taken to the office of the Chief Minister by Saritha Nair on July 9, 2012 at 8 pm and met the Chief Minister, the court pointed out. Nair alleged in his statement that the Chief Minister prompted him to do business with Sairitha Nair.
The court pointed out that the alleged meeting with the Chief Minster, if true, should be on a date prior to June 22, 2012.
Therefore, verification of the facts, subsequently developed under Section 164 of Cr PC statement that he met the Chief Minister along with Saritha Nair on July 9,.2012 is not true and, therefore, need not be probed, the court observed.
CM’s role unclear
The court also observed that there was no material before the court to find out whether the Chief Minister had assured him of the credentials of the solar company promoted by the accused and whether he had encouraged Sreedharan Nair to do business with Saritha Nair.
Even if it was assumed that he had given such an assurance, it would not amount to any criminal act coming under Section 420 of the Indian Penal Code.
The judge added that the complaint, statement and affidavit filed by Sreedharan Nair had not disclosed any role played by the Chief Minister.
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