JSM Partners get Oommen Chandy relief in Solar Scam

Just as former Chief Minister of Kerala Oommen Chandy found respite with a Bengaluru City Civil Court ruling last week, fresh trouble appears to be be brewing as the incumbent LDF-led government prepares to initiate a vigilance probe against him for his alleged role in the Solar Scam..On October 7, the Bengaluru City Civil Court absolved Chandy of liability in a cheating case related to the Scam. The order was passed by Patil Mohankumar Bheemanagouda in case filed by Bengaluru-based industrialist MK Kuruvilla. Chandy was represented by JSM Law Partners, Bengaluru..The court found that there was little to link Chandy to allegations of having received monetary sums to the tune of Rs 1.6 crores to facilitate the involvement of the Kuruvilla in a proposed Solar power project. It was observed,.“Even in the plaint that Kuruvilla had filed does not mention about Rs 1.61 crore changing hands between him and Chandy, and therefore, taking this premise into cognisance this honourable court acquits Chandy in the case…”.In his petition, Kuruvilla had contended that three representatives of a consultancy firm by the name of SCOSSA Educational Consultants Pvt. Ltd. were paid a sum of around 1.6 crores, after he was assured that the same would enable him to become part of Solar Power Project in the state..One among the three representatives, Mr. Andrews, claimed to be Oomen Chandy’s cousin and assured Kuruvilla that he could get the necessary permissions, clearances and licenses from the government, electricity boards and other authorities needed for setting up a Solar Power Project..In February 2016, a suit was filed for the recovery of this amount in the court of the City Civil and Sessions Judge, Bengaluru. Chandy was impleaded as the fifth defendant in the suit. In October 2016, all defendants were ordered to compensate Kurivilla with the said amount of Rs 1.6 crores. This order was quashed in April 2017, and hearing had commenced afresh last June..An application for the rejection of the plaint as regards Chandy was filed thereafter. In his affidavit, Chandy averred that he had not received any money as claimed by Kuruvilla. It has been pointed out that any transfer of money between Kuruvilla and the other defendants, with the intent of personally influencing the former Chief Minister, would amount to offences under the Prevention of Corruption Act..It was contended that there is nothing to show that the plaintiff has any specific cause of action against Chandy. In this context, it was submitted that the suit to recover the illegal gratification amounts was unlawful and untenable..The same application was allowed by the court on grounds that there was no privity of contract between Kuruvilla and Chandy and further, that there are no documents to prove that Chandy was involved in any exchange of money..However, following a cabinet meeting, incumbent Chief Minister Pinarayi Vijayan has communicated that a vigilance probe would be conducted against Chandy and a criminal case would be registered against former Home Minister Thiruvanchoor Radhakrishnan..This comes after a report filed by the 2013 Judicial Commission, headed by retired Justice G Sivarajan, found Chandy guilty of being complicit in the Solar scam. The same report has found Radhakrishnan guilty of attempting to protect Chandy from liability..Read affidavit filed by Oommen Chandy in Bengaluru City Civil and Sessions Court below..Image taken from here.