R BALAKRISHNA PILLAI Vs. STATE

JUDGEMENT

(1.) The petitioners in the above petitions are A1, A3, A5, A7, A8, A10 and A12 in C.C. No. 1 of 1991 on the file of the Special Judge for Idamalayar Investigations, Ernakulam.

(2.) The proceedings were instituted before the Trial Court against the petitioners and others for various offences punishable under various provisions of the Penal Code and the provision of Prevention of Corruption Act. It is the case of the prosecution that these petitioners along with other accused entered into a criminal conspiracy during the period 1980 to 1987 and conceived a plan to make illegal profits for themselves in executing the construction of Idamalayar dam as a part of the Idamalayar project.

(3.) Idamalayar dam as a part of the Idamalayar project was sanctioned by the Planning Commission and huge expenditure in its construction was incurred. Later number of leaks were discovered in the tunnel which showed the inferior quality of construction of the dam which became a matter of public concern. The State Government appointed the then sitting Judge of the Kerala High Court as the Commission of Inquiry to conduct the probe. The Commission of Inquiry found the former Secretary, Irrigation and Power and certain others liable for positive acts of abuse of power. The recommendations of the Commission of Inquiry was accepted by the State Government and a special team for investigation into the crime was set up. After investigation, finally a report under S.173 Cr.P.C. was filed against these petitioners and other accused before the Special Judge for various offences punishable under various provisions of the Penal Code and the provision of Prevention of Corruption Act, 1947.