CM Satheesan defends inquiry into charges against ex-Kerala CM, family
Keralam Chief Minister VD Satheesan on Wednesday defended the State Government’s decision to order an inquiry into allegations against CPI(M) leader Pinarayi Vijayan and his family in connection with the CMRL-Exalogic case, saying it was based on legal advice and Supreme Court judgments and was not aimed at targeting anyone.
He was reacting to a query at a press conference here on his Government’s decision to order a police inquiry based on the ED’s report to it seeking action against former Chief Minister Pinarayi Vijayan, his daughter Veena T and her husband PA Mohamed Riyas in the alleged CMRL bribery case.
The ED had sought registration of an FIR against Vijayan, his kin and others in connection with allegations arising from financial transactions involving CMRL and Exalogic. The Congress-led Government’s latest decision is to proceed with an inquiry rather than directly register an FIR.
Satheesan said the Government had carried out the required legal scrutiny before taking the decision.
“It is the Government’s legal obligation to take such a decision, and that decision has now been taken,” he said.
Rejecting the CPI(M)’s allegation of political vendetta, the Chief Minister said, “This Government is not acting with the intention of targeting or going after anyone, or acting out of a sense of revenge. As I said, the law will take its own course.”
Slamming the Government decision, the CPI(M) alleged that a strange situation had emerged in which the state Government appeared to be joining hands with the Narendra Modi-led Government to target the Left party.
Satheesan said that those facing the inquiry would have all legal rights to present their side during the investigation.
“When the law takes its own course, everyone will have all the rights available to them. During the investigation, they will have every right to present their side and make whatever submissions they wish to make,” he said.
Defending the Government decision, Satheesan said the Government had received a letter from the Enforcement Directorate under Section 66(2) of the Prevention of Money Laundering Act (PMLA), which was forwarded to the DGP and subsequently to the Home Department.
The Government then sought legal opinions from the Advocate General and the Director General of Prosecution.
“We received a letter under Section 66(2) of the PML Act. We handed over that letter to the DGP. The DGP forwarded it to the Home Minister. The Home Minister discussed it with the Chief Minister, and we referred the matter for legal opinion,” Satheesan said.
He said the legal opinion referred to a Supreme Court judgment on Section 66(2), under which information shared by the ED with the jurisdictional police has to be acted upon in accordance with law. The Government has now ordered a preliminary inquiry into allegations against Vijayan, kin and others based on the ED’s report. The inquiry is expected to be conducted by a Crime Branch special investigation team.
“The legal opinion clearly referred to a Supreme Court judgment. Under Section 66(2), if the matter is handed over to the jurisdictional police, the jurisdictional police here means the Kerala Police. The Kerala Police can conduct an investigation, and the Supreme Court has made it mandatory that an investigation should be conducted,” he said.
The CM also referred to the Supreme Court’s judgment in the Lalita Kumari case, saying it laid down guidelines on preliminary inquiry before registration of an FIR in certain categories of cases.
“So, there are two important Supreme Court judgments applicable here. In accordance with these judgments, the police have to first conduct an inquiry and then take a decision. That is a legal obligation,” he said.
