[K-FON Project] Kerala High Court Grants Time For State Govt To File Counter In Plea By Oppn MLA VD Satheeshan Seeking CBI Probe

K-FON Project was the infrastructural project of the state government for providing 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 Division Bench Comprising Chief Justice A J Desai and Justice V G Arun, without issuing notice to the parties directed the State Government to file a counter.

"Considering the fact that the challenge in the present public interest litigation is against an order of July, 2019, subsequent to which the contract has been awarded, we are of the opinion that at this stage, notice need not be issued to the respondents. However, the respondents, who invited the tender, may file counter affidavits."

The Court enquired as to why the petitioner waited so long to challenge the tender that was issued back in 2017 and the sanction order that was issued in 2019. It also enquired as to how the present allegations would affect the public interest. It also enquired as to how a public interest litigation can be filed based on a tender and sought for more evidence. It also remarked orally as to whether this was a public interest litigation or a publicity interest litigation.

The Counsel for the petitioner Senior Advocate George Poonthottam submitted that an enquiry has to be conducted regarding the issuance of contract to Sobha Renaissance Information Technology Private Pvt. Ltd. (SRIT) based on the tender issued in 2017 since allegations have come into the public domain only now. They also referred to the report of CAG that observed that the works undertaken by SRIT were not satisfactory.

On the other hand, the State Government submitted that the petitioner cannot rely upon the observations made by the CAG which was not even like a report. It was pointed out that the petitioner had raised unreasonable aversions against the Kerala Lok Ayukta and that they were incapable of conducting an enquiry into the allegations raised in the petition. Regarding the averments made against the Lok Ayukta, the Court observed thus:

"We also observe that in the present writ petition the petitioner has made irrational and unwanted comments against the Lok Ayukta. We will not permit the petitioner to carry the allegation raised in the above paragraph. We are sure that the petitioner, who holds the responsible position of Leader of the Opposition in Kerala Legislative Assembly, will look into these aspects and take necessary action so that some remarks being made in future can be avoided", the Court stated. 

The matter has been posted after three weeks.

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