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| Oommen Chandy |
The controversial judge who ordered a fresh probe into the role of Chief Minister Oommen Chandy in the two-decade old palmolein oil import scam has recused himself from the case following public criticism.
Vigilance special judge PK Haneefa summoned all the defendants in the case for a hurried sitting yesterday to make the unexpected announcement saying he was pained at the personal criticism of the judiciary in the media and he was only acting out of concern for justice.
The judge had passed an order on August 8 to investigate the role of the CM who was the finance minister under chief minister K Karunakaran, the first defendant who died last year. He was hitherto listed as a witness in the case.
He came under sharp criticism from from the government chief whip PC George who wrote to the President and the Chief Justice of India saying the judge had demeaned the judiciary by acting as a plaintiff as well.
His relations with the Communist Party of India-Marxist and his unprecedented act of briefing the media about his judgment also came under attack, though the chief minister and other ruling coalition leaders distanced themselves from attacking the judiciary.
“I discharged my duty with high integrity. But there were personal attacks against me through media. At this juncture it is not fair on my part to continue with the trial,” the judge said. He has requested the high court to transfer the case to some other court.
Reacting to the judge’s decision, Chandy said he never had expressed lack of confidence in the judge and even did not attempt to change the prosecutor appointed by the previous government led by the CPI-M. Neither had any of the defendants in the case criticised the judge.
“I openly said I have no complaint. I made it clear that P C George made his observations in his personal capacity,” said Chandy, who offered his resignation immediately after the court order as the head of the government that has wafer thin majority in the provincial assembly.
Leader of Opposition VS Achuthanandan, who has been fighting the case all these years, criticised the latest development saying the judge has been hounded out and the Congress Party owes an explanation on that. He accused the chief minister of pulling the strings from behind.
The province faced with an acute edible oil shortage imported 15,000 tons of palmolein oil through Malaysia-based Power and Energy Limited in 1991-92. The state reportedly lost Rs23.2mn in the deal which violated the guidelines of the State Trading Corporation.
The long-pending corruption case had cost former CVC PJ Thomas, the eighth accused, his job. An upright officer, he was the state food secretary when the deal was signed. The Supreme Court had quashed his appointment after it found that a corruption case is pending against him in Kerala.
After the death of former chief minister K Karunakaran, the first accused, the Supreme Court had vacated the stay granted to him on January 11. The case came to limelight again after TH Mustafa, then food minister and second accused, submitted a discharge plea in the court saying he should get the same treatment given to Chandy. Since it was a cabinet decision it was a collective decision and all members of the cabinet were equally responsible for it, he pleaded.
It turned out to be a shot in the arm for the previous Left Democratic Front government which soon moved the court saying more people were involved in the scam and wanted to probe Chandy’s role.
Chandy had withdrawn the case when he became the chief minister in 2005 saying states like West Bengal imported the oil at a higher price during the same period and it’s unfair to trap the officials in criminal cases for procedural lapses and it would prevent them from taking quick decisions when they were needed. However the LDF government that came to power in 2006 revived the case.