Thiruvananthapuram: Former Supreme Court justice Arijit Pasayat had advised the Kerala government against executing 'verbatim' the recommendations of the Solar Commission. The copy of the legal advise, accessed by Manorama News, reveals that this prompted the Pinarayi-led LDF government to backtrack on prosecuting former CM Oommen Chandy and others on sexual allegations raised by prime accused Saritha Nair.
"Recommendations are not meant to be followed as it is. Commission is not the court," the retired SC judge informed the LDF government.
In the report submitted to the Kerala government, the former SC judge said it was for the state government to decide on whether or not to take legal action based on the commission's report
“But if the government decides to accept the report, it can ask the law agencies to examine the report,” the former judge's report said and pointed out that it was not possible to file fresh cases based on the commission's findings.
On October 11 Pinarayi had declared that cases, including sex assault, be registered against former chief minister Oommen Chandy and others after a cabinet meeting.
However, after chief secretary and law department raised objections, the government decided to seek legal advise.
The justice (retired) G Sivarajan commission's four-volume 1,073-page report that probed the multi-crore scam was tabled by Pinarayi in the Kerala assembly on November 9 at a special session and copies were made available to the media.
The report also included the details of the controversial letter written by Saritha on July 19, 2013, in which she had leveled serious sexual and corruption charges against a dozen Congress leaders including state and union ministers and two senior IPS officers.
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