Thread by @LiveLawIndia

The Kerala High Court is set to hear the plea moved by MLA V.D Satheeshan and MLA Ramesh Chennithala, seeking a Court monitored enquiry into the Safe Kerala Project that installed AI cameras across the State for capturing traffic violations

#KeralaHC #SAFEKeralaProject

The matter is before the Division Bench comprising Chief Justice S.V.N. Bhatti and Justice Basant Balaji.

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The present plea has been filed challenging the orders issued by the Government, action taken by the delegate KELTRON, and the alleged illegalities and corruption attached to the installation of AI Cameras that have resulted in nepotism, favouritism and corruption.

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The report on the plea can be read here:

livelaw.in/high-court/ker…

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The matter has been taken up.

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Counsel for the petitioners: If your Lordships look at the Orders passed, in the first instance, it is a BOOT model. In such case, the employer or State is not required to effect any payment.

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Sr. Adv. George Poonthottam, appearing on behalf of the petitioners, briefs the Court about the facts of the case.

Counsel: My perspective of the grievance is that it was introduced as BOOT model originally in the year 2017. But there were some hurdles.

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Sr. Adv. Poonthottam takes the Court through the facts of the Case and the averments in the plea.

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Court: What is the objective of this enablement, the Project?

Sr. Counsel: To regulate the traffic system. What is projected is the safety of the people, but in reality, it is not.

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CJ: What have you stated about the petitioners?

Sr. Counsel: They are MLAs.

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CJ: How have all these documents been secured by the petitioners?

Sr. Counsel: Some of the documents are in public domain, and some...

CJ: Can you read it?

Sr. Counsel points to the said portion in the plea.

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Sr. Counsel: Each time the Finance Department raised objections, a Minister level meeting would be organized in which all objections would be brushed aside.

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Court: May we ask you a question now? The petitioners are holding public offices, right?

Counsel: Yes

Court: The stand of the petitioners from the plea appears that they have 0 tolerance for corruption?

Counsel: Undoubtedly.

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CJ: And the stand of yours is that you want the decision making process also to reflect the same transparency and standard? That's your effort in the present case, right?

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CJ: Th financial implication with which the Project is being implemented, is vitiated by several questionable conclusions. Did we understand you?

Sr. Adv. Poonthottam: Yes, My Lord.

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CJ: What the petitioners think is the standard, we will be calling upon them and giving them liberty, modified expression, to file an affidavit about their standing on corruption on these issues. We have gone through the record...

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Sr. Counsel: At the final stage of the Project, there is a total U-Turn of the Project making it in annuity mode, that has not been provided in the Tender.

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CJ: Who is appearing on behalf of the respondents?

Counsel informs that he shall get instructions for respondents 1-5.

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CJ: Mr. Poonthottam, we are ordering notice before Admission. We will be giving them liberty to file affidavit on their zero tolerance on corruption. Effort is for public good for more transparency.

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Counsel for respondents, on a pointed question from the Court, informs the Court that the Project has been implemented since June.

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Court: Financial payments you are not making without seeking further clarification from the Court.

Counsel for respondents: On maintainability question, we can argue..

Court: That's why we are ordering notice before admission.

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Court proceeds to dictate the Order.

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Court has issued notice before admission to the respondents.

Court grants liberty to the petitioners to file affidavit within 2 weeks.

Matter has been posted for further consideration on a later date.

Hearing ends.

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