Kerala High Court Dismisses VD Satheesan's Plea Seeking CBI Probe Into KFON Project Over Allegations Of Corruption
The Kerala High Court today dismissed the plea filed by Leader of the Opposition of the Kerala Legislative Assembly and MLA V D Satheeshan seeking a probe by the Central Investigating Agency (CBI) into the conception and execution of the Kerala Fibre Optic Network Project Ltd. (K-FON) and to quash the award of contract to implement the project to he consortium comprising of Bharat...
The Kerala High Court today dismissed the plea filed by Leader of the Opposition of the Kerala Legislative Assembly and MLA V D Satheeshan seeking a probe by the Central Investigating Agency (CBI) into the conception and execution of the Kerala Fibre Optic Network Project Ltd. (K-FON) and to quash the award of contract to implement the project to he consortium comprising of Bharat Electronics Limited, RailTel Corporation of India Ltd., Sobha Renaissance Information Technology Private Limited and LS Cable India Private Limited.
The Court said that it saw no reason to interfere with the project or entrust any investigation to the CBI at this point.
The judgment was pronounced by the bench of Justice A. K. Jayasankaran Nambiar and Justice Syam Kumar V. M.
“We also do not see it necessary to entrust an investigation into the allegations raised by the petitioner to the CBI at this stage.”
The Court observed while pronouncing the operative part of the judgment
K-FON Project was the state government's infrastructural project to provide universal basic internet facilities to all citizens. The plea was filed raising allegations of illegalities, irregularities, and corruption committed by the K-FON Project.
The Court noted that the contentions of the petitioner was based mainly on the audit queries made by the Comptroller and Auditor General (CAG) on the award of the contract to implement the project to the consortium.
The Court said they were told by that the respondents had given detailed reply to the queries raised by the CAG. Court also added that the petitioner being the Leader of Opposition will have an opportunity to seek explanation from the Executive when the CAG findings are finally placed before the Legislative Assembly. The Court added that what the views of the CAG can only be considered as a viewpoint and not as decisive. In this case, there is no report by the CAG yet. The Court said the petition was 'premature'.
The Court said that it cannot order for a CBI enquiry mechanically without recording a prima facie case. The Court added there is no such findings in this matter.
"The material available before us does not persuade us to arrive at a prima facie finding regarding any illegality or irregularity on the part of the respondents int he matter of implementation of the KFON project."
The plea has been moved by Advocates Nisha George, A L Navneeth Krishnan, J Vishnu, Kavya Varma M M, Anshin K K and Sidharth R Wariyar
Case number: WPC No. 1479/2024
Case Title: V D Satheesan M L A v State of Kerala & Ors