New Delhi, Monday 11 May 2009: The Apex Court today rejected the plea moved by Crime magazine editor Nandakumar citing that prior sanction is not needed for prosecuting CPM state secretary Pinarayi Vijayan. Court said that the PIL could not considered by SC because the case was considered by High Court.

SC bench presided by Justice KG Balakrishnan said, “Petitioner can approach High Court to consider the PIL.”

In the PIL, it was urged that sanction was not required to prosecute Pinarayi, who had been power minister of Kerala when the Lavalin deal was inked, and the Chief Secretary’s nod for prosecuting two other retired bureaucrats.

The petitioner argued that the Supreme Court had made clear in several verdicts that Government sanction wasn’t necessary for prosecuting a person for the charges referring to acts during his stint as a public servant. The Division Bench headed by justice KG Balakrishnan will hear the plea, which was earlier given three months time by state government.

The Central Bureau of Investigation (CBI) had earlier sought permission from the Governor for the prosecution of Mr. Vijayan. After vetting the request and accompanying evidence, the Governor wrote to the Chief Minister for advice. The CBI had also written to the government seeking permission to prosecute two officials — the former Principal Secretary (Power) and chairman of the State Electricity Board, K. Mohanachandran, and the former Joint Secretary (Power), A. Francis, in the case. The Cabinet referred the request to the Law Department for its opinion at its last meeting. Pinarayi Vijayan has been accused of wrongly awarding contracts to Canadian company SNC Lavalin for renovating two hydro-power projects when he was power minister of the state 12 years ago.