Solar Scam: Kerala High Court refuses to quash case against Ganesh Kumar for conspiracy to implicate Oommen Chandy

The Kerala High Court on Friday refused to quash the criminal proceedings against Member of Legislative Assembly (MLA) KB Ganesh Kumar of the ruling Left Democratic Front (LDF) for allegedly conspiring to falsely implicate former Chief Minister (CM) and late Congress leader Oommen Chandy in Solar scam. .Justice PV Kunhikrishnan observed that the allegations against Kumar were serious and that the continuation of the case would be in the best interest of not only the former CM's reputation but also to clear the MLA's name if he is found innocent in due course. "His soul would not forgive it," Justice Kunhikrishnan said referring to the former CM who passed away earlier this year."The continuation of this case is necessary not only for the soul of the former Chief Minister and his bereaved family, but also to prove the integrity of the petitioner too. Let the soul of our former Chief Minister rest in peace. On the other hand, if such an allegation against the petitioner who is a Member of the Legislative Assembly is incorrect, the petitioner can take appropriate steps for malicious prosecution against the 2nd respondent/ complainant. Therefore, I am of the opinion that this case is to be proceeded and should arrive at a logical conclusion for the interest of the soul of the former Chief Minister and if the allegations are wrong, it will prove the integrity of the petitioner, who is a Member of the Legislative Assembly, a known politician," the Court's order stated..The order was passed on a petition moved by Kumar to quash the proceedings pending against him before the Judicial First Class Magistrate Court -I at Kottarakkara. Kumar is the second accused in a case for allegedly committing offences such as criminal conspiracy (Section 120B Indian Penal Code) and others punishable under Sections 193, 182, 469, and 471. The Magistrate took cognisance of the case based on a complaint moved by one Sudheer Jacob. The complaint alleged that the first accused had made wild and baseless allegations against then CM Oommen Chandy as well as other ministers and MLAs before the Commission of Inquiry probing the solar scam.The first accused is also alleged to have produced a letter before the commission in which she claimed that several persons who are high dignitaries, sexually harassed her and took money from her.The complainant alleged that the letter produced before the commission was fabricated at the instance of Kumar, as part of a criminal conspiracy hatched between him and the first accused, against the former CM and other political leaders. .After the complaint was filed, the sworn statements of eight witnesses were recorded on the side of the complainant. Based on it, the magistrate found that there was prima facie evidence against the two accused and issued summons to them. Kumar approached the High Court challenging these proceedings before the magistrate..The High Court noted that only Kumar had approached to quash the proceedings. Kumar also made some accusations against the first accused while arguing his case before the High Court. However, since she was not a party to the proceedings, the Court opined that the petition to quash the proceedings is not maintainable. For the same reason, the Court also refused to consider the contention that the offences alleged would not prima facie lie against Kumar. It also opined that the magistrate had sufficient grounds for proceeding with the case and that the order passed was not unreasonable. For arriving at this conclusion, the Court went through the sworn statements of the witnesses..Therefore, the Court dismissed Kumar's petition. However, it was made clear that Kumar would be free to move a discharge petition before the magistrate at the stage of framing charge. The order also emphasised that the Magistrate shall consider the discharge petition untrammelled by any observations in the High Court order..Senior Advocate B Raman Pillai instructed by advocate S Rajeev appeared for Kumar. Senior Advocate S Sreekumar instructed by advocate Tina alex appeared for the complainant. .[Read Order]