The CBI on Thursday informed the Kerala High Court that the memorandum of understanding (MOU) for the implementation of the LIFE Mission’s apartments at Wadakkanchery, Thrissur was nothing but an eyewash.
The CBI counsel submitted that it was an “underbelly operation” carried out by Swapna Suresh, Sajith and Sandeep Nair, all accused in the diplomatic gold smuggling case.
The submission was made when petitions filed by Santhosh Eapen of Unitac Builders Private Ltd. and U. V. Jose, Chief Executive Officer of the LIFE Mission seeking to quash the FIR registered in connection with the construction of homes under the LIFE Mission project came up for hearing.
CBI contention
CBI counsel Sasthamangalam Ajithkumar submitted that the MoU had been hijacked by M. Sivasankar, former Principal Secretary to the Chief Minister with aid of notorious smugglers who are accused in the the diplomatic gold smuggling case.
There was a clear conspiracy behind the project implementation. In fact, the original project drawn up by the Habitat had proposed to construct 203 apartments. However, Mr. Eapen wanted it to be reduced to 100 because he could then only pay the huge amount as kickback demanded by Swapana. However, the project was later revised fixing the number of apartments at 140 after discussion with the LIFE Mission officials.
Sivasankaran’s role
The CBI counsel also submitted, citing the statement of Mr. Eapen given before the CBI, that that it was Mr. Sivasankaran who had asked Mr. Jose to provide all assistance to Mr. Eapen when he and his company officials met Mr. Sivasankaran at his office at the Secretariat. The meeting was arranged by Swapna Suresh.
In fact, Mr. Jose was taken by surprise when he was called to the meeting. He had become aware of the deal only on the morning of the meeting day.
The CBI contended that the agency had not named any officer of the LIFE Mission in its FIR as accused. The investigation was continuing .These officials might become an accused or principal witnesses in the case. At this juncture, it was too early to say that Mr. Jose would be arraigned as accused or a principal witness.
LIFE Mission’s contention
The counsel for the LIFE Mission CEO submitted that it had no role in the selection of the contractors. The project was funded by the UAE and the selection of the contractors was left to the donor. The investigation by the CBI was an abuse of process of the law.
Justice V.G. Arun reserved judgment on the petitions after hearing the arguments of all the parties.