Vijayan moves Supreme Court against FIR direction in alleged CMRL bribery case

Vijayan moves Supreme Court against FIR direction in alleged CMRL bribery case
PTI
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Former Kerala chief minister Pinarayi Vijayan approached the Supreme Court on Friday to challenge a Kerala High Court direction for an FIR in the alleged CMRL bribery matter. Vijayan also requested protection against coercive steps after his counsel reportedly informed the court that police had registered the case. The Supreme Court indicated that it would consider his plea after reopening on October 26 following the Dussehra recess.

Senior advocate Sidharth Luthra sought urgent listing for Vijayan before Chief Justice Surya Kant, alongside Justice Joymalya Bagchi. Luthra informed the bench of the reported FIR and asked that Vijayan be shielded from coercive action. The Chief Justice proposed taking up the case after the break, while indicating that a holiday bench might be formed next week if judges were available.

The Kerala High Court had on Thursday turned down requests from Vijayan, his daughter Veena T and her husband P A Mohamed Riyas for leave to appeal. They wanted to challenge an October 9 single-judge direction ordering an FIR against them in the alleged corruption case. A division bench held that a person accused of corruption had “no legal right to be heard” before an FIR, and consequently dismissed the connected appeals.

The three applicants argued that the single judge issued the FIR direction without first hearing them. The October 9 order asked the Vigilance and Anti-Corruption Bureau to open a case on the basis of an Enforcement Directorate report sent to Kerala Police. Vijayan’s Supreme Court challenge therefore raises the question of whether people facing corruption allegations may seek a hearing before police register an FIR.

The Enforcement Directorate had asked for a case to be registered after its investigation and searches under the Prevention of Money Laundering Act. The agency reportedly claimed that Cochin Minerals and Rutile Limited made sham payments totalling Rs 2.78 crore to Exalogic Solutions, a company linked to Veena that is now defunct. The Enforcement Directorate alleged that the money was presented as payment for IT consultancy work.

Vijayan’s petition places the High Court’s FIR direction before the Supreme Court after the division bench refused leave to appeal. The matter is expected to be listed after the Dussehra holidays, though the Chief Justice’s remarks left open an earlier hearing if a bench can be assembled during the recess. No final Supreme Court ruling has been reported on Vijayan’s request for interim protection.

Daily Pioneer
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