THIRUVANANTHAPURAM: CBI will not suo moto investigate the conspiracy behind implicating former Chief Minister Oommen Chandy in a fake sexual harassment case related to the solar case. CBI has stated that since the case against Oommen Chandy has been closed and a report has been submitted to the court, further investigation is not possible without a fresh FIR.

CBI had found out that there was a conspiracy. Based on this, the Kerala Police can file a case. An FIR can be lodged under IPC 120 (b) and a CBI investigation can be recommended. The state government has to make a decision in this regard. There has been no move for that yet.

CBI had found that the complainant's letter, which was the basis of the case, was completely fake. The complainant handed over the letter to someone else after accepting Rs.50 lakh. There is no direct or circumstantial evidence against Oommen Chandy. There is no record of financial allegations. Witness statements are fabricated. Two witnesses revealed that he had been paid to give false statements. The case was strengthened by making baseless allegations. The complainant was not present at Cliffhouse on the day the alleged molestation took place. CBI even found details like PC George being asked to give a false statement, which helped them in confirming the conspiracy. Thiruvananthapuram Magistrate Court has accepted the CBI report.

3 Ways to investigate the conspiracy case

1. The police should register a case for conspiracy, transfer the investigation to the CBI and issue a notification to the government. CBI should be ready to take over the case. It also requires central approval.
2. The complainant can approach the High Court against the CBI report. Oommen Chandy's family members can also join this petition. High Court can order further investigation.
3. Family members of Oommen Chandy can approach the Magistrate Court stating that the complaint was fabricated and defamatory. Under CrPC 202, investigation and evidence collection can be ordered.

7 years imprisonment

The fake case which was filed against Oommen Chandy was for a crime punishable by 10 years imprisonment. Former Director General of Prosecutions Asaf Ali said that forgery under IPC 211 is an offence punishable by 7 years.

TP case was not taken up

Although the government notified a CBI probe into the conspiracy in the TP Chandrasekaran murder case, they did not take up the case.

CBI told the High Court and the government that they cannot investigate.

"Defamation and criminal conspiracy (IPC 120B)will stand in the false allegation against Oommen Chandy."

-Justice B. Kemal Pasha

Retired High Court Judge