Supreme Court Adjourns SNC Lavalin Case Involving Kerala CM Pinarayi Vijayan for the 34th Time
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The Supreme Court, on Tuesday, once again adjourned the controversial SNC Lavalin case involving Kerala Chief Minister Pinarayi Vijayan. This marks the 34th time the case has been adjourned since it first reached the apex court in 2017.
The decision to adjourn came after a request from the Central Bureau of Investigation (CBI). The bench, comprising Justices Surya Kant and Dipankar Datta, responded to the plea made on behalf of Additional Solicitor General SV Raju, who represents the CBI. The counsel representing the ASG conveyed,
“We decline the request of Attorney General and Solicitor General to defer the hearing the challenge to constitutional validity of 124A for more than one reason.. 124A continues to be in statute book and the new law in a penal statute will have only prospective effect and that validity of the prosecution remains till 124A remains and the challenge needs to be assessed thus,“
the Court ordered.
The core of the SNC Lavalin case revolves around allegations of corruption in a contract awarded to the Canadian company, SNC Lavalin, for the renovation and modernization of hydro-electric projects in Kerala. This contract was given during the tenure of Pinarayi Vijayan as the electricity minister between 1996-98. The case alleges a loss of Rs 374 crore to the Kerala State Electricity Board (KSEB) due to this contract, specifically concerning the Pallivasal, Sengulam, and Panniar hydroelectric projects in Idukki district.
In November 2013, the Special CBI Court in Thiruvanathapuram discharged Pinarayi Vijayan and several other officials who were initially chargesheeted in the case. The Kerala High Court, in August 2017, upheld this decision, exonerating CM Vijayan but allowing the CBI’s plea against the discharge of four other accused.
Reacting to the High Court’s verdict, the CBI approached the Supreme Court in December 2017, contending that CM Vijayan should stand trial. A significant observation was made by then Chief Justice U.U. Lalit in August 2022, who remarked,
“Is it still necessary to retain this colonial law which the British used to suppress Gandhi, Tilak etc., even after 75 years of independence?”
He further added,
“If we go see the history of charging of this section, the enormous power of this section can be compared to a carpenter being given a saw to make an item, using it to cut the entire forest instead of a tree. That’s the effect of this provision.”
The continuous adjournments and the high-profile nature of the case have kept it in the spotlight, with many keenly awaiting a conclusive decision from the judiciary.
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