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Kerala HC stays FIRs, further probe against Pinarayi Vijayan, family in CMRL case

Kochi, Oct 26 (UNI) The Kerala High Court on Monday stayed a single-bench order directing registration of criminal cases against former Chief Minister Pinarayi Vijayan, his daughter T. Veena and son-in-law and MLA P.A. Mohamed Riyas in the CMRL-Exalogic case, granting interim relief to the three.
A Division Bench comprising Justices K. Natarajan and Johnson John admitted four appeals challenging the single judge's ruling and ordered that further investigation based on the FIRs registered by the Vigilance and Anti-Corruption Bureau (VACB) be kept in abeyance until further orders.
The court posted the appeals for final hearing after three weeks and directed the Enforcement Directorate (ED) and the state Vigilance department to file their responses within four weeks.
The case relates to allegations concerning financial transactions between Kochi-based Cochin Minerals and Rutile Ltd (CMRL) and Exalogic Solutions, a now-defunct IT company associated with Veena. The ED had shared information regarding the transactions with the state authorities, following which the matter reached the High Court.
On October 9, a single judge directed the VACB to register an FIR incorporating offences under the Prevention of Corruption Act against Vijayan, Veena and Riyas, among others, based on the information supplied by the ED. The court also set aside the state government's decision to constitute a Special Investigation Team (SIT) to conduct a preliminary inquiry.
Challenging the order, the appellants contended that the single judge had directed registration of the cases without hearing them, despite the ruling having direct consequences for them. They questioned the legal basis for ordering an FIR and argued that the material supplied by the ED did not establish a cognisable offence under the Prevention of Corruption Act.
The appellants also argued that the petitioner had bypassed the statutory procedure under the Bharatiya Nagarik Suraksha Sanhita (BNSS) by approaching the High Court directly. They further challenged the single judge's interference with the state's decision to conduct a preliminary inquiry through an SIT.
The state government told the Division Bench that it had initially opted for a preliminary inquiry into the information received from the ED as a precautionary measure. It subsequently registered the FIRs in compliance with the single-bench order, the Advocate General submitted.
Opposing the plea for interim relief, the ED maintained that the information supplied to the state disclosed cognisable offences warranting registration of an FIR and investigation. Its counsel also argued that the provisions governing investigations by the Serious Fraud Investigation Office did not bar action under the Prevention of Money Laundering Act.
The High Court heard arguments from the appellants, the state government, the ED and the counsel for the original writ petitioner before admitting the appeals.
The Supreme Court had on October 21 permitted Vijayan and the other appellants to challenge the single-bench order before the Division Bench after an earlier attempt to pursue the appeals was rejected. It had also granted temporary protection against investigation to enable them to seek relief from the High Court.
Monday's order puts the FIRs and further investigation on hold while the appeals are considered. The court has not delivered a final verdict on the allegations.
UNI DS
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