New Delhi: The Supreme Court on Thursday dismissed a petition challenging a CBI probe ordered by the Kerala government against former chief minister V S Achuthanandan and three others in connection with the award of a tender for IT services management in the state to Reliance Communications.
A bench of justices H L Dattu and A R Dave, however, granted liberty to petitioner Thanickkal Gopinathan Nandakumar to file a review petition in the Kerala High Court, which it said should examine it in accordance with law.
On February 23, the high court recorded a statement of Advocate General on the state government`s decision to order a CBI probe into alleged role of Achuthanandan, along withNandakumar, who facilitated the award of tender and others for the contract relating to management, operations, maintenance and upgrade of the State Data Centre and three Network
Operating Centres to Reliance Communications Ltd.
Senior counsel counsel Narasimha submitted that the high court had passed an ex parte order and had merely recorded the statement of the State Advocate General that a decision had been taken to entrust the matter to the CBI.
He said the high court had recorded the AG`s statement and disposed of the writ petition filed by the Chief Whip in the Assembly P C George, stating that nothing remained for consideration.
Citing a Constitution Bench decision, he said there must be prima facie materials for the court to come to the conclusion to order a CBI probe, but here there were no materials before the court.