Kerala HC orders FIR against Vijayan, others in CMRL case based on ED report
The Kerala High Court on Friday directed the state Vigilance and Anti-Corruption Bureau (VACB) to register an FIR under the Prevention of Corruption Act against former Chief Minister Pinarayi Vijayan and others based on an Enforcement Directorate (ED) report in the alleged CMRL bribery case.
The court also set aside the Congress-led UDF government's decision to constitute a Special Investigation Team (SIT) to conduct a preliminary inquiry into the allegations, terming the move illegal.
"The decision of the government to form a special team to conduct an enquiry as per Ext.P9 (ED report) without registering an FIR is found illegal on the facts of the case and therefore, the same is set aside," Justice A Badharudeen said.
The court directed the VACB director in Thiruvananthapuram to "forthwith" register an FIR based on information furnished by the ED under Section 66(2) of the Prevention of Money Laundering Act (PMLA), for offences disclosed under the Prevention of Corruption Act against the persons named in the report.
It asked the agency to investigate the allegations through competent officers and submit a final report without undue delay.
The court also directed the Director General of Police or the head of the SIT holding the ED's information to hand it over to the VACB immediately. The ED was asked to forward all necessary documents to the vigilance agency, which may seek additional records after registering the FIR.
The directions came while allowing a plea by advocate K M Shajahan, who argued that an FIR should be registered instead of conducting a preliminary inquiry into the allegations contained in the ED report.
The ED had told the court that its report could form the basis for registering a case against Vijayan, his daughter Veena T and her husband P A Mohamed Riyas. The state government opposed the contention, arguing that the report was insufficient to register an FIR without a preliminary inquiry.
Reacting to the order, CPI(M) Rajya Sabha MP John Brittas said the party would fight the matter both legally and politically. He alleged that central agencies were being used to target Vijayan and said transactions involving CMRL should be examined in their entirety.
CPI(M) veteran M V Jayarajan described the case as false and questioned the decision to order an FIR without hearing the persons who would be affected. He also alleged that the ED had fabricated evidence and statements in the CMRL-Exalogic case.
CPI(M) state secretariat member P Jayarajan alleged a political conspiracy against Vijayan and his family, saying the party would challenge the matter through legal and political means.
BJP leader Shone George, meanwhile, said the order vindicated his party's position and demanded Vijayan's resignation as Leader of the Opposition in the state Assembly.
The Congress-led UDF government had recently ordered a police inquiry after the ED wrote to the state police chief seeking a probe against Vijayan, Veena and Riyas.
The ED has alleged that Cochin Minerals and Rutile Limited (CMRL) made fraudulent payments of Rs 2.78 crore to Veena's now-defunct company, Exalogic Solutions, under the guise of IT consultancy services. The allegations relate to evidence gathered during the agency's investigation and searches under the PMLA.
The registration of an FIR and subsequent investigation will determine the course of the case; the allegations have not been established as criminal wrongdoing by the court's direction alone.