CPI-M leadership likely to get Adv. Giri relieved of Hadiya case in SC

Thiruvananthapuram: Senior lawyer V. Giri, who appeared in Supreme Court for Kerala government in the Hadiya case on Monday, is likely to be removed from the task, at the behest of the national leadership of the Communist Party of India-Marxist (CPI-M).

A formal decision by the state government is imminent in the background of his opinion during the hearing: when the bench was pondering whether to hear Hadiya first or examine the documents submitted by NIA (National Investigation Agency), Giri gave the view that the bench should look into the material, as at some stage they have to look into it and they should have the broader picture. Though he qualified the opinion as on his personal level, it ran counter to the view held by Kerala Government.

In light of the controversy raised by the counsel's position, the central leadership of CPI-M discussed it at an available Polit Bureau (PB) meeting at Delhi which observed that all through the case of Hadiya, Giri's stances had been out of line with that of the government. The PB has convinced the party's state leadership and Chief Minister Pinarayi Vijayan that the matter has to be remedied. The state leadership also has expressed displeasure with Giri's ‘embarrassing’ reply.

It may be recalled that the State government had filed an affidavit in the apex court that the transfer of the Hadiya case to NIA was not warranted. In the affidavit, it was also stated that for its enquiry, the case does not fall under the category specified in relevant legislation which provides for transferring a case that is outside the jurisdiction of the state police, to NIA. Even when the Supreme Court suggested NIA enquiry, Kerala had registered its objection. It is when this background of Kerala's disapproval of an NIA enquiry was already on record that its counsel was asking the court to review the agency's material.

Significantly, CPI-M leader Brinda Karat, also a PB member, in a hard-hitting article in the Hindu daily wrote that Giri's stand needed to be rectified. She cited the fact the Kerala government had given an additional affidavit in October stating that "the investigation conducted so far by the Kerala police has not revealed any incident relating to commission of any scheduled offences to make a report to the Central government under Section 6 of the National Investigation Agency Act of 2008". Karat wrote that "in the light of this clear stand of the Kerala government, it is inexplicable why its counsel in the Supreme Court should take a contrary stand in the hearing - this should be rectified at the earliest."