"Publicity or public interest?" Kerala High Court asks opposition leader VD Satheesan on PIL alleging corruption in K-FON

The Kerala High Court on Monday questioned the bonafides of the public interest litigation (PIL) petition filed by opposition leader and Congress MLA VD Satheesan alleging corruption in the State government's Kerala Fibre Optic Network (K-FON) project, asking whether it was more of a "publicity interest litigation." [VD Satheesan MLA v. The State of Kerala & Ors.].A bench of Chief Justice AJ Desai and Justice VG Arun said that the PIL seemed more in the nature of "publicity interest litigation" since it was filed nearly four years after the tender for the project was issued.The Court made the remark while considering a petition moved by Satheesan seeking a CBI probe into K-FON, alleging corruption in the manner in which the tender for the project was issued."The tender was issued in 2019. Why are you coming to this court now? It should be examined whether the petitioner has public interest or publicity interest." Chief Justice Desai remarked orally..K-FON is a public-funded initiative of the Pinarayi Vijayan-headed left government. Launched in 2021, it aims to provide high-speed internet connectivity to all citizens throughout the State. This would be done through a new optic fibre pathway running parallel to the electric power network of the Kerala State Electricity Board Ltd. (KSEB)In his PIL, Satheesan alleged that the project and all contracts arising from it were divided among proxies of the people controlling the government.According to the MLA, all the tenders involved in the project were awarded to a single beneficiary company which is closely connected with persons in power. He further alleged that the said company has allegedly re-routed the work and financial benefits involved to another company which is associated with the same person in power."It is clear that a project which would have been a milestone for the digital accessibility in the State has been handed over to incompetent persons, who have ruined it for making profit at the expense of the common man," the PIL said.It also stated that the pattern of corruption is similar to that involved in the State government's Safe Kerala project involving the installation of AI (artificial intelligence) traffic cameras. Satheesan had moved a different PIL in this regard last year.On these, among other grounds, Satheesan sought orders from the Court to the CBI to initiate an enquiry into the K-FON project.He also sought an order for quashing the Government Order issued by the Electronics and IT department of the State which sanctioned the selection of the implementation agency of K-Fon, M/s Bel Consortium..The Court today decided to list the matter for hearing after the report of the Comptroller and Auditor General of India (CAG) regarding the project is submitted before it, which is expected to be done in three weeks time. It also directed the State government to file its response to the petition. However, the Court did not admit the petition or issue notice to any of the respondents..Satheesan was represented by Senior Advocate George Poonthottam and advocates Nisha George, AL Navaneeth Krishnan, J Vishnu, Kavya Varma MM, Anshin Kk and Sidharth R Waiyar.Advocate General K Gopalakrishna Kurup appeared for the State government.