By our legal correspondent
Kochi, Oct 28 (IVC) The Kerala High Court on Oct 27 dismissed a plea by K B Ganesh Kumar MLA for quashing a criminal case lodged against him on a charge of hatching a criminal conspiracy to implicate the late former Chief Minister Oommen Chandy in a sexual assault case.
The case was registered against the MLA and the prime accused in the solar scam on a complaint filed by Congress worker Sudheer Jacob before the Kottarakkara Judicial First Class Magistrate court.
In his complaint Jacob alleged that Ganesh Kumar and the prime accused in the solar case had produced a forged letter before the solar inquiry commission purportedly written on July 19, 2013 levelling sexual assault charges against Chandy. He said that the letter was produced before the commission knowing fully well that it was a fabricated one. The letter had been fabricated as part of a criminal conspiracy hatched against the then Chief Minister , other former ministers and political leaders .
Dismissing the plea of Ganesh Kumar ,Justice Kunjhikrishnan observed that serious allegations had been raised against the petitioner . The former Chief Minister had passed away. “The continuation of this case is necessary not only for the soul of the former Chief Minister and his bereaved family, but also to prove the integrity of the petitioner”.
The court added that if such an allegation against the petitioner was incorrect, the petitioner could take steps for malicious prosecution against the complainant. Therefore the case was to proceed. The court also said the petitioner was free to raise all the contentions raised in the petition at the stage of framing charges by filing a discharge petition.
In the wake of the court ruling , Leader of the Opposition V D satheesan has warned the LDF government against inducting Ganesh Kumar into the cabinet. The LDF had promised Cabinet berths to its four allies with single MLAs in the Assembly on a two-and-a-half year term basis ending in November this year.