HC dismisses Saritha's plea against Judicial commission

Kochi, Jul 25, 2014: The Kerala High court dismissed a petition by Saritha S Nair, prime accused in the Solar Panel scam seeking to quash the Judicial commission appointed to probe the scandal.

The petitioner, in her petition, contended that the constitution of the Judicial enquiry commission headed by former high court judge Justice S Sivarajan was ‘politically motivated’, violated her rights and may prejudice her defence in criminal cases pending against her in various courts.

Dismissing the petition, Justice A Mohammed Mustaque observed that the terms of reference did not indicate that the commission is intended against any particular individual.

It discloses that an inquiry is necessary in relation to the scam and to have regulatory measures, the judge further observed.

The petitioner also contended that the proceedings of the commission directly affected her right as accused. She had to abide with the commission’s directions which was ‘violative of protection given to an accused by the Constitution’.

The constitution of the commission and examination of the petitioner would cause serious prejudice to her as she is facing prosecution before different courts, the petitioner had submitted.

Saritha and her co-accused Biju Radhakrishnan had allegedly cheated several investors in Kerala promising to install solar energy solutions and wind energy farms.