Was ex-CJI Balakrishnan a fixer?

Ex-judge says he was approached | Firstpost

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Firstpost
Was ex-CJI Balakrishnan a fixer? Ex-judge says he was approached
Jun 15, 2011 #CJI KG Balakrishnan #FPExclusive #Justice Shamsuddin Special to Firstpost By VK Shashikumar, THL Mediagrove Was former Chief Justice of India and current Chairman of the National Human Rights Commission (NHRC), Konakuppakatil Gopinathan Balakrishnan, open to fixing cases for a consideration? Two former judges, who knew him closely, suspect this may be the case and have called for a detailed probe into the affairs of the former CJI who has recently come under scrutiny for the wealth amassed by his close relatives, including his daughters and sons-in-law, when he was a judge in the Supreme Court from 2000-10. One of his accusers is retired Kerala High Court Justice PK Shamsuddin (1986-93), and a Gandhian and humanitarian who served with the former CJI. Justice Shamsuddin says Balakrishnan must be probed for his dubious practices because he (Shamsuddin) was once approached by a Bangalore-based person to act as an intermediary to a fix case in the Supreme Court. I was approached by a man in Bangalore. He requested me to facilitate an introduction to Justice Balakrishnans son (KG Pradeep) or son-in-law (Puliyanaveettil Vasu Sreenijan) to fix a case in the Supreme Court. I refused and said that I dont involve myself in such things. This shocking revelation by Justice Shamsuddin brings the spotlight back to the corruption allePage 1 of 5

Justice PK Shamsuddin

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Was ex-CJI Balakrishnan a fixer? Ex-judge says he was approached | Firstpost

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gations swirling around Balakrishnan. I am of the view that a detailed and comprehensive inquiry must be initiated against all the allegations against Justice Balakrishnan. I feel he should resign as the NHRC chief and establish that he is innocent. All judges have a moral obligation to ensure that relatives do not misuse their position and use their names in illegal and dubious matters, Shamsuddin told Firstpost. Another former retired senior judge, Justice K Sukumaran (1981-91), who served in the Kerala and Maharashtra High Courts, confirms that judges are often approached by vested interests and attempts made to influence them. Sukumaran says that Balakrishnan allowed his late brother KG Bhaskaran to exploit his name and position for personal gain. I believe Justice Balakrishnan should have been vigilant to ensure that his name or position was not misused by his relatives. Sukumaran also feels that Balakrishnan was okay when he was a Kerala High Court judge, but things changed when he went to Delhi as a Supreme Court judge and, subsequently, when he became CJI. The wealth amassed by the ex-CJIs kin has been probed by the Kerala police and a CNN-IBN report says that his family amassed crores between 2004 and 2009, when he was CJI. Firstposts own investigations show that the current value of properties purchased by his daughters and sons-in-law add up to over Rs 35 crore (See details). Tracing the rise and rise of ex-CJI Balakrishnan from an average lawyer who appeared before his court to the highest judicial office in the land, Justice Sukumaran says it is an open secret that Balakrishnans career was propelled by former Kerala Chief Minister (late) K Karunakaran. The latter skillfully used the Dalit card to elevate Balakrishnan to the Kerala High Court. Continue reading on next page Pages: 1 2 3

Was ex-CJI Balakrishnan a fixer? Ex-judge says he was approached

Jun 15, 2011
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Was ex-CJI Balakrishnan a fixer? Ex-judge says he was approached | Firstpost

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#CJI KG Balakrishnan #FPExclusive #Justice Shamsuddin Justice Balakrishnan, who is holding on to the post of NHRC chief, allegedly to insulate himself from the chorus of allegations of corruption he is facing, was sent a detailed questionnaire by Firstpost on Monday. On Tuesday, he replied with a bland denial sent through the Information and Public Relations Officer of the NHRC, Jaimini Kumar Srivastava. Please refer to your email dated 13th June 2011, Subject Questionnaire from Firstpost. I am instructed to inform that the allegations made in the email are absolutely incorrect and they are made and spread by people with vested interest. But it is not easy to dismiss allegations by judges and former colleagues as mere vested interest. One of them is former Chief Justice of India JS Verma, and another is former Supreme Court judge VK Krishna Iyer. They have been consistently demanding Justice Balakrishnans resignation and the setting up of a commission of inquiry to probe his conduct. They have said that the onus is on Justice Balakrishnan to come clean on the allegations that his relatives suddenly became rich during his term as Chief Justice in the apex court. But it is not only the ex-CJI who has chosen to stay mum. There is complete silence from the government, too. A few months ago, the Director General of Income Tax (Investigation), ET Lukose, told reporters in Kochi that his department had unearthed evidence of black money with three of Justice Balakrishnans relatives. Lukose refrained from identifying them by name and simply said, It is known to you all. But he added that most of this money was accumulated in the last five years, in three of which Balakrishnan was CJI. He retired in May 2010 as CJI and was made Chairman of NHRC in June 2010. The Kerala government had also ordered a vigilance probe earlier this year, which came up with a list of properties acquired by Justice Balakrishans daughters and sons-in-law, PV Sreenijan and MJ Benny, and his brother (the late) KG Bhaskaran. All these properties were acquired between 2007 and 2010 when Justice Balakrishnan was the CJI (See list). The revelations of the tax department are in sharp contrast to the stonewalling of Right to Information Act (RTI) queries submitted to the department seeking details of Justice Balakrishnans tax returns from 2005-06 to 2009-10.
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The Supreme Court, too, has been silent on allegations of corruption surrounding Justice Balakrishnan after directing the Central government to file a status report on alleged accumulation of wealth by the former CJI and his relatives. A three-judge bench headed by Chief Justice SH Kapadia asked Attorney General GE Vahanvati to file a status report, but nothing has surfaced so far on this front. Continue reading on next page Pages: 1 2 3

Was ex-CJI Balakrishnan a fixer? Ex-judge says he was approached

Jun 15, 2011 #CJI KG Balakrishnan #FPExclusive #Justice Shamsuddin But Justice Shamsuddins revelation will surely compel the government to act. People approach someone only when they believe or know that the Judge they want to influence is willing to be influenced, he told Firstpost partner THL Mediagrove. He is under a cloud of suspicion and judges must be above suspicion. I was with Justice Balakrishnan in the Kerala High Court. His behaviour and accumulation of wealth by his relatives has degraded the stature of judiciary. This is a great threat to democracy because people should not lose respect for the judiciary. When Justice Balakrishnan went to the Madras High Court there was buzz of his misconduct. How he became a judge itself is questionable. That apart, there has been a steady flow of information on Justice Balakrishnans misconduct. I am told his sons marriage was allegedly sponsored by Capt Krishna Nair (Leela Group of Hotels). This is what I have heard. I attended the marriage and I can tell you that it was a lavish affair. The arrangements were high-end. There must be some mechanism to monitor the conduct of judges. Its almost impossible to impeach Judges. The judges have too much power and they enjoy too much immunity. When I visited Delhi in 2010 there was so much chatter and talk about Justice Balakrishnans alleged corrupt practices even before his retirement. I recall hearing a lot of talk on the Lavalin case. There was lot of talk about his stance against RTI being
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applicable to judges. In fact, a judgment was delivered against applying RTI to judges and judiciary. Justice Shamsuddins courageous revelation, the levelling of a specific charge, is another piece of evidence suggesting that all was not well during Justice Balakrishnans tenure as Supreme Court judge and Chief Justice of India. Will the government continue to look the other way or ask him to step down in the interest of a fair, transparent and speedy inquiry? Pages: 1 2 3

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Register FIR against ex-CJI & relatives, says whistleblower | Firstpost

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Firstpost
Register FIR against ex-CJI & relatives, says whistleblower
Jun 15, 2011 #CJI KG Balakrishnan #FPExclusive #Whistleblower Special to Firstpost Mathews J Nedumpara of the National Lawyers Campaign for Transparency and Reforms spoke to Firstpost investigation partner VK Shashikumar of THL Mediagrove on his efforts to expose former Chief Justice of India KG Balakrishnan. At the very least, Nedumpara wants an FIR registered against Justice Balakrishnan and his relatives, so that they can be investigated like any other ordinary citizen accused of similar crimes. Edited excerpts: I am an advocate and president of the National Lawyers Campaign for Transparency and Reform. The immediate provocation to become a whistleblower through Firstpost is the reports appearing in print and television media about the abuse of judicial office by Justice KG Balakrishnan, former Chief Justice of India (CJI), and presently the Chairman of the National Human Rights Commission. I have known Justice Balakrishnan since 1984, from the day I started practice in the High Court of Kerala. I sensed judicial corruption as a reality only when I happened to appear before the Appellate Tribunal for Foreign Exchange, Director General of Foreign Trade. I took up the issue with Justice Balakrishnan and his response sowed the first seed of suspicion about him. Thereafter, I happened to learn or hear about many things which made me all the more convinced that Justice Balakrishnan is presiding over an
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Nedumpara wants an FIR to be registered against ex-CJI and his relatives. Reuters.

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Register FIR against ex-CJI & relatives, says whistleblower | Firstpost

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empire of corruption in which many of his immediate relatives, friends and even judges are involved. I am conscious of my humble status; I am no celebrity; not even a designated Senior Advocate; someone who raises his finger could easily be cornered and finished. Yet, I have decided to speak out. I did pass on whatever information I could gather about his (the ex-CJIs) conduits and the deals which are being struck to whomsoever I trusted. I have sent letters to Justice SH Kapadia, Chief Justice of India, and other Supreme Court judges. I have sent letters to President Pratibha Patil and Vice-President Hamid Ansari and to Prime Minister Manmohan Singh and to whoever I thought could intervene. All I want is an appointment to personally pass on the names of certain judges, Chief Justices of two prominent High Courts and a couple of judges of the Supreme Court, their conduits, their telephone numbers and the transactions that are being talked about. However, till date I have not received any response on the said request, much less an audience. Then came the open outburst of Justice Markandey Katju about the uncle judge syndrome in the Allahabad High Court. In my letter to Justice Katju I had passed on whatever information I knew about at least two Chief Justices of two High Courts, two sitting judges of the Supreme Court and a few other retired Chief Justices and judges of High Courts, including Justice Balakrishnan. I have given the names of the conduits and their phone numbers. Soon thereafter came a bold statement by Justice HL Gokhale contradicting Justice Balakrishnan on the alleged attempt by former Communications Minister A Raja to influence a judge of the Madras High Court, which Justice Balakrishnan allegedly sought to hush up. I addressed a letter similar to the one to Justice Katju to Justice Gokhale as well. I am yet to receive any response from either Justice Katju or Justice Gokhale. It was while matters stood thus that the avalanche of corruption and allegations of amassing of huge wealth at the hands of Justice Balakrishnan and his immediate relatives, sons-in-law, brother, nephew, daughters, and sisters, came up. The report about the property owned by Justice Balakrishnans sons-in-law, brother and others in Kerhttp://www.firstpost.com/politics/register-fir-against-ex-cji-relatives-says-whistleblower-25884.html Page 2 of 4

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ala alone, on a conservative estimate, could be worth more than Rs 20 crore. In a state like Kerala, it is difficult for the most weak-minded to succumb to temptation and go awry. The reason is that there is a very vigilant bar and society. A slight deviation from the path of probity is immediately taken notice of. Rights conscious people who demand accountability act as a great deterrent. That is why Justice Balakrishnan led an upright path while in Kerala. I know (of) only about one case where he (was rumoured to have) taken money and that was some time in 1985-86. Otherwise, Justice Balakrishnan enjoyed a clean image in Kerala. Delhi or Mumbai, unfortunately, offer no such deterrence against a judge who deviates from the path of uprightness. The anonymity in cities like Delhi and Mumbai offers a great cover. Therefore, it is absolutely paramount that an inbuilt mechanism of checks and balances is introduced. In the light of the chain of allegations against retired Chief Justices and sitting judges of the Supreme Court, to regain the lost confidence of the public in the judiciary, some drastic measures are required to be undertaken. (a) First and foremost, one should abandon the present system under which Judges appoint themselves, an aberration of the Constitution at the hands of the nine-judge Constitution bench of the Supreme Court in the Supreme Court Advocates on Record case and to revive the constitutional provision whereunder the government is the appointing authority. (b) To introduce a just, fair and transparent mechanism for the appointment of judges to High Courts and the Supreme Court where merit alone should be the criteria and where applications are invited from all those eligible, instead of appointment by invitation, which is nothing but a recipe for corruption, nepotism and the consequent oligarchy which we find today. (c) To reintroduce the transfer policy where at least one-third of the judges are from outside the state. (d) While recognising the fundamental right of spouses, kith and kin of judges to practice law, it should statutorily be made impermissible for them to practice in the same court where a family member is a sitting judge or the sitting judge should be transferred to some other High Court. I say so keeping in mind an instance where a
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judge from the J&K High Court was transferred to Bombay as part of the transfer policy which was prevalent in the 1990s and his lawyer son swooped down to Mumbai and minted money. (e) Introduce a Judges Accountability Bill on a war footing even by way of an Ordinance as an emergent ad-interim measure till the Bill can be discussed and enacted. (f) Introduce modern technology, including e-filing, video-recording of evidence, hearings, etc., in courts on a war footing. (g) Last, but not least in importance, register an FIR against Justice Balakrishnan and his relatives, and treat them like any other suspects and investigate the allegations about them selling justice, which to my mind is the most terrible of all crimes. They should be prosecuted and punished in accordance with the law.

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KGB wasnt even qualified to be HC judge, say records | Firstpost

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Firstpost
KGB wasnt even qualified to be HC judge, say records
Jun 15, 2011 #CJI KG Balakrishnan #FPExclusive #PA Chandran

The legal complication arising out of Balakrishnans rise is pegged to the constitutional provisions prescribing minimum qualifications to be a High Court judge. IBN Live

Special to Firstpost Advocate PA Chandran, a Dalit lawyer with a career track record of three decades in the Kerala High Court and founder of SC/ST lawyers organisation the Lawyers Centre for Social Justice provides compelling evidence to Firstpost investigative partner VK Shashikumar to claim that KG Balakrishnans appointment to the higher judiciary violated Article 217 of the Indian Constitution. Advocate PA Chandran lives in Thrissur and regularly travels two hours to Kochi to argue cases in the Kerala High Court. He has been practicing in the High Court for more than 30 years. Like former Chief Justice of India KG Balakrishnan, he too belongs to a Dalit family and is an active Congress party worker.

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KGB wasnt even qualified to be HC judge, say records | Firstpost

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In 2009 he was a serious contender for the post of High Court judge. He believes he was denied appointment because he lacked political mentors. Ive no regrets, except that a division bench of the Supreme Court consisting of Justice RV Raveendran and Justice B Sudarshan Reddy dismissed my petition challenging the appointment of Justice KG Balakrishnan as the Chief Justice of India. Chandran filed the petition on 6 July 2009 almost a year before Balakrishnan was due to retire and it was dismissed 11 days later on 17 July. In his petition, Chandran argued that Justice Balakrishnan was appointed as a judge to the Kerala High Court without having the requisite minimum qualifications. The petition was never listed and the Registrar of the Supreme The legal complication arising out of Balakrishnans rise is pegged to the constitutional provisions prescribing minimum qualifications to Court merely gave it a Diary be a High Court judge. Number, No.19290/09, and posted the case as the last item (No 57). The petition was given Diary Number to avoid a Judges Committee discussion on the merits of the petition, alleges Chandran. Ive filed the petition with all relevant documents. But the division bench dismissed the case without citing any reason. In his petition, Chandran has cited the Curriculum Vitae published by the Kerala High Court and the Supreme Court as evidence that Balakrishnan did not meet the minimum qualifications prescribed for being selected a judge of the High Court. According to the official records of the Kerala High Court, Balakrishnans career record is as follows: 1967: B.L. Degree 16 March 1968: Began practice at Kottayam

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1971: LL.M 10 January 1973: Appointed as Munsiff (he claimed to have practiced for 4 years and 10 months) 20 March 1983: Resigned from subordinate judicial service 26 September 1985: Appointed Additional Judge of Kerala High Court The legal complication arising out of Balakrishnans rise is pegged to the constitutional provisions prescribing minimum qualifications to be a High Court judge. Balakrishnan held a position in the Subordinate Judicial Service, which consists exclusively of persons intended to fill up the posts of district judges and other posts and other civil judicial posts inferior to the post of district judge. (Article 233, Chapter VI) According to Chandran, when Balakrishnan was appointed to the Kerala High Court as judge he was at the most qualified to be a district judge. Moreover, Article 217, Chapter V relating to qualification for appointment as High Court judge prescribes that the candidate should have held a judicial office for at least 10 years, or has been an advocate of the High Court for at least 10 years. Justice Balakrishnans career record shows that on both these counts his experience was inadequate. Continue reading on next page Pages: 1 2

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Ex-CJIs brother used his name for personal gains | Firstpost

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Firstpost
Ex-CJIs brother used his name for personal gains
Jun 15, 2011 #CJI KG Balakrishnan #FPExclusive #Justice K Sukumaran #Kerala High Court #Madras High Court Special to Firstpost, By VK Shashikumar, THL Mediagrove The surprising thing about the chorus of allegations and calls for investigation into the conduct of former Chief Justice of India KG Balakrishnan is that it is coming largely from the judicial community itself. In an interview to Firstpost, Justice K Sukumaran (1981-91, Kerala and Maharashtra High Court judge) told VK Shashikumar of THL-Mediagrove that it is a fact that judges are approached by vested interests and attempts made to influence them. Among other things, Sukumaran says that the Bombay and Madras High Courts also had a few judges of questionable integrity. When I was a judge in the Bombay High Court, I knew of four judges with questionable integrity. I know that the Madras High Court, one of the courts with high integrity, was destroyed by corruption and its standards fell to despicable lows.
"I rate him as an average lawyer." Jos Cruz/ABr/Wikimedia Commons

The following is an edited extract of his conversation with Firstpost on judicial corruption, in general, and why KG Balakrishnans own role needs to be investigated. Before Balakrishnan became a judge, he has appeared before me as a lawyer. I rate
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him as an average lawyer, says Sukumaran. He was in the sub-judge cadre but he was actually a deputy registrar. It is a wellknown fact that he was very close to the Congress party and to the (late) K Karunakaran, Congress Party stalwart in Kerala. The hand behind KGBs rise is that of Karunakaran who skillfully used the Dalit card to get him an entry into the Kerala High Court. At the time, the Chief Justice was K Bhaskaran, and he was close to Karunakaran. The good relationship between the then Chief Minister Karunakaran and the Chief Justice of the Kerala high court was instrumental in KGBs elevation. They realised it would take several years for KGB to rise through the ranks. They wanted to fast-track KGB into the high court. So he was asked to resign. Balakrishnan resigned as deputy registrar and joined the Kerala High Court bar as a lawyer. After serving for one-and-a-half years as a lawyer, KGB was nominated as the High Court judge. As it turns out, I retired as a High Court judge, whereas Balakrishnan rose to be the CJI and then the tables were turned when I appeared before him as a lawyer in the Supreme Court. Balakrishnan had a clean record as a judge in Kerala and Gujarat. But whispers against him began during his tenure as Chief Justice in the Madras High Court. One thing is certain, and I can say it openly, his brother (the late) KG Bhaskaran exploited his name and position for personal gains. I believe Justice Balakrishnan should have been vigilant to ensure that his name or position was not misused by his relatives. I know for sure that Justice Balakrishnan denied his younger brother entry to his official residence in Chennai when he was Chief Justice of Tamil Nadu. But I am told that things changed when he went to Delhi as a Supreme Court judge and subsequently became the CJI. It is a fact that judges are approached by vested interests and attempts made to influence them. When I was a judge in the Bombay High Court, I knew of four judges with questionable integrity. I know that the Madras High Court, one of the courts with high integrity, was destroyed by corruption and its standards fell to despicable lows. So this has been a long-standing problem because we are probably the only
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democracy in the world where the judges appoint other judges. There is no accountability. I am pained by the dirt being flung at the judiciary because I have great respect and admiration for its edifice. I have been part of this edifice, part of the judiciary. The integrity and independence of this institution must be safeguarded and this must be a national priority.

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How ex-CJI was compromised by his political lobbying | Firstpost

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Firstpost
How ex-CJI was compromised by his political lobbying
Jun 17, 2011 #CJI #CJI KG Balakrishnan #FPExclusive #K. R. Narayanan

KG Balakrishnan was elevated to the Supreme Court by the then President KR Narayanan, who was his fathers classmate.

Special to Firstpost Advocate A Jayashanker critiques the rise and fall from grace of former Chief Justice of India KG Balakrishnan (KGB) in a conversation with VK Shashikumar of THL-Mediagrove. Edited excerpts: It was K Karunakaran who picked up KGB and supported his candidature (to the post of High Court judge). KGB was practicing in the Kerala High Court as an advocate under P Shantalingam. Senior lawyers (in Kerala) believe that Karunakaran directed KGB to resign from judicial service when he was a sub judge and start practicing in the High Court. The motive behind this directive was to create the grounds for recommending his
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name for the post of High Court Judge. KGB resigned from the judicial service to start practicing in the High Court. But he was not a successful lawyer. In 1985, he was appointed as a judge in the Kerala High court. He was appointed as a judge when K Bhaskaran was acting Chief Justice in Kerala. At that time several Dalit lawyers and others petitioned the President of India saying KGB didnt have the required qualifications for being appointed as a judge. A significant section of the lawyers fraternity considered his appointment as a back-door entry. His tenure at the High Court was eventless. He was an honest judge and very cautious. He never entertained family members or relaIt was K Karunakaran who picked up KGB and supported his candidature to the post of High Court judge. AFP Photo tives. He restricted his brother KG Bhaskaran and other family members from interfering with his affairs. Later he was transferred to the Gujarat High Court and then to the Madras High Court. He completed his tenure in Gujarat also without a black spot. But when he was Chief Justice of the Madras High court, there were several allegations about fixers or family members influencing his judgments in 1999. He was elevated to the Supreme Court on 8 June 2000 by the then President KR Narayanan, who was his fathers classmate. I published an article in Madhyamam (a Malayalam newspaper) defending his appointment. The title of the article was Two Dalits and Indian judiciary. I was referring to KR Narayanan and KGB who rose to hold the highest constitutional positions in independent India. In April 2006, KGBs son-in-law PV Sreenijan got a Congress ticket to contest the Assembly elections from Njarackal reserved assembly constituency. This was the first time Kerala came to know about KGBs clout in New Delhi. Sreenijan was not a known leader of the Youth Congress like Kodikunnil Suresh or
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MA Kuttappan, who have been AK Antony loyalists for long. His (Sreenijans) candidature revealed KGBs influence with the Congress High Command. I feel that his mighty fall started from his decision to canvass for Sreenijans political berth. With that decision, KGB and his family made strong enemies and people started doubting his credentials and integrity. Kuttappan, former minister and senior Congress leader was the MLA from Njarackal constituency. Since Kuttappan was a sitting MLA he had fair chance to get a renomination in 2006. But his name was deleted by the Congress High Command without explanation. MA Kuttappan went and complained to Antony but the latter expressed his helplessness. Continue reading on next page Pages: 1 2

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