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Setback for Pinarayi Vijayan in Kerala High Court, FIR to be registered

The single bench of High Court ordered that FIR is to be registered based on the report of ED, that was passed to the state police, and also to the High Court in a sealed cover.

In a legal setback for former Keralam Chief Minister and current Opposition Leader in state assembly, Pinarayi Vijayan, the Kerala High Court on Friday (October 9) directed that FIR be registered for offences under the Prevention of Corruption Act (PMLA),  as also his daughter Veena and son-in-law Mohammed Riyas.

The allegation raised against the three was that CMRL (Cochin Minerals and Rutile Ltd.), a public company, made monthly unexplained payments totalling ₹1.72 crores to Exalogic Solutions Pvt. Ltd., with which the former chief minister's daughter Veena was associated,  when there were no services rendered.  As such,  it would amount to indirect payment of bribe to the Chief Minister via his daughter. 

Also Read:LoP Pinarayi Vijayan alleges ED move in Exalogic case aimed at weakening LDF

The verdict on Friday by Justice A. Badharudeen was in response to the writ petition filed by KM Shahjahan.  The petition was submitted following the State police's decision to conduct a preliminary enquiry following the suggestion from ED to file an FIR.   The ED reportedly passed information that it collected regarding the illegal transactions.

The petitioner argued that the Special Investigative Team (SIR) formed for the enquiry did not have a Vigilance nominee in it and it was against law, when there was no cabinet decision to that effect.

The arguments of both sides were heard over last week and the court pondered over the question whether the state police was bound to register an FIR without a preliminary enquiry when the ED had passed its finding under the PMLA.