The Kerala High Court, on Friday, dismissed a plea filed by KB Ganesh Kumar MLA seeking quashing of a case against him in connection with alleged conspiracy to implicate late Congress leader and former chief minister Oommen Chandy, in the solar sexual assault case.
Dismissing the petition, a single bench of Justice PV Kunhikrishnan observed that the allegations against Ganesh Kumar were serious and that the continuation of the case would be in the best interest of not only the former CM’s reputation but also to clear the MLA’s name if he is innocent in due course.
“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 too. Let the soul of our former chief minister rest in peace. On the other hand, if such an allegation against the petitioner who is a Member of the Legislative Assembly is incorrect, the petitioner can take appropriate steps for malicious prosecution against the 2nd respondent/ complainant.
“Therefore, I am of the opinion that this case is to be proceeded and should arrive at a logical conclusion for the interest of the soul of the former Chief Minister and if the allegations are wrong, it will prove the integrity of the petitioner, who is a Member of the Legislative Assembly, a known politician,” the judge said in its order.
Ganesh Kumar approached the high court for quashing of the case pending in First Class Judicial Magistrate court, Kottarakkara. He is the second accused in the case with charges of criminal conspiracy (Section 120B Indian Penal Code) and other offences punishable under Sections 193, 182, 469, and 471.
The magistrate took cognisance of the case based on a complaint moved by one Sudheer Jacob.
The complaint is that the first accused had made wild and baseless allegations against then CM Oommen Chandy as well as other ministers and MLAs before the Commission of Inquiry probing the solar scam.
The complainant alleged that the letter produced before the commission was fabricated at the instance of Ganesh Kumar, as part of a criminal conspiracy hatched between him and the first accused, against the former CM and other political leaders.