Palmolein import case: Karunakaran opposes Kerala’s plea

Senior advocate K K Venugopal,appearing for Karunakaran,contended the Left Democratic Front government’s decision to approach the apex court for vacation of its order dated August 3,2007,halting the trial before a Kerala court,was due to political reasons.

He told a bench of justices Aftab Alam and R M Lodha that the present chief minister has decided to pursue the prosecution in the case because of personal vendetta against Karunakaran.

During the brief hearing,the senior advocate said Achuthanandan had earlier moved the Kerala High Court in his personal capacity for initiating the prosecution of Karunakaran and others in the 20-year-old case.

The high court,however,had dismissed Achuthanandan’s plea,Venugopal pointed out.

Contending that there was no illegality committed in importing the oil,Venugopal said Karnataka,Maharashtra and Tamil Nadu governments had also procured it on the same price at the relevant time.

The arguments will continue tomorrow.

The apex court had on August 3,2007,stayed proceedings in the case before a designated CBI court in Kerala.

The apex court had stayed the trial on a petition by Karunakaran,challenging a Kerala High Court order which had earlier given a go-ahead for his prosecution along with others in the 20-year-old case.

The state government’s application,filed through advocate R Satish laast week,told the court that Karunakaran’s appeal against the high court order has been figuring in the apex court’s business list since July this year but it has not come up for hearing till now.

It said because of the apex court’s stay on the trial,the CBI court has been regularly adjourning it since 2007.

The petitioners,challenging Thomas’ appointment have contended that with the CVC himself facing corruption charges,he cannot do justice to his job as the watchdog against corruption.

There were eight accused in the Palmolein import case but only Karunakaran has been moving different courts for various types of relief in the case since it was registered in 1991-92.

The chargesheet in the case was filed in 2000 against Karunakaran and seven senior state government officials,including Thomas who was then Kerala’s Food Secretary.

The then Chief Secretary of the state,besides Additional secretary and Kerala State Civil Supplies Corporation’s Mangaging Director G G Thomas are also named as an accused in the FIR.

The case pertains to the import of palm oil from a Singapore firm,which was allegedly done at prices higher than the international rate.

The Karunakaran cabinet had approved the import of 15,000 tonnes of palm oil at a rate of $405 per tonne whereas the market price was $392.25 per tonne.

As Secretary,Food and Civil Supplies,Thomas had issued the government order for the import which caused a loss of Rs 2.32 crore to the state exchequer.

Karunakaran had challenged the registration of the FIR against him in the case.

In November 2005,the state government had decided to move the trial court to withdraw the prosecution against Karunakaran.

In 2006,it,however,cancelled its decision for withdrawing his prosecution stating that there was no such intention and favoured going ahead with the criminal proceedings against all the eight accused including Thomas.

At this stage,Karunakaran approached the Supreme Court contending that he cannot be prosecuted as under section 19 of the Prevention of Corruption Act,there was a need for sanction to prosecute him.