The Kerala High Court has issued a stay on the order that mandated the filing of a first information report (FIR) against former Chief Minister Pinarayi Vijayan and his family members in relation to the alleged Cochin Minerals and Rutile Ltd (CMRL) bribery case. This ruling was announced on Monday, as reported by the Press Trust of India.

A Division Bench, comprising Justices K Natarajan and Johnson John, has also suspended the FIRs that were registered by the Vigilance and Anti-Corruption Bureau (VACB) and the ongoing investigation until further notice. The court has accepted the appeals filed by Vijayan and his family, indicating that the matter necessitates thorough examination and will be heard again in four weeks.

Background of the Case

Pinarayi Vijayan, along with his daughter Veena T and her husband P A Mohamed Riyas, contested an earlier order issued on October 9 by a single judge. This order had instructed the VACB to register an FIR based on a report from the Enforcement Directorate (ED) concerning alleged bribery activities linked to CMRL.

Senior advocate N Hariharan, representing Veena and Riyas, contended that the information provided by the ED did not substantiate a cognisable offence or a violation of the Prevention of Corruption Act. He expressed that their side was not given an opportunity to present their case, claiming that the single judge acted without their knowledge.

Hariharan further argued that the individual who requested the FIR should have pursued the complaint through the Sessions Court, which would have allowed for their input. He asserted that the petitioner opted for a writ petition in the High Court to bypass this process.

Arguments Presented in Court

Senior advocate Siddharth Luthra, representing Vijayan, stated that an FIR cannot be initiated solely based on the ED’s claims of wrongdoing. Both Hariharan and Luthra highlighted that the transactions involving Veena and CMRL were already under investigation by the Serious Fraud Investigation Office (SFIO), suggesting that no other agency, including the ED, should be involved in the same matter.

Luthra also pointed out that the High Court should have allowed Vijayan and his family to present their arguments before ordering the FIR based on a petition from a third party. He claimed that the SFIO’s ongoing investigation had not been communicated to the single judge, which he believed was a critical oversight.

Additionally, Luthra suggested that the case should be treated as a public interest litigation and should have been directed to a bench authorised to handle such matters. He requested that the High Court either stay the single judge’s order or extend the interim relief previously granted by the Supreme Court.

Govt and ED’s Position

The Advocate General, Jaju Babu, representing the Kerala government, stated that while the state did not concur with the single judge’s order, it complied by registering the FIR and initiating an investigation. The ED opposed the appeals, arguing that the Supreme Court had not issued a stay on either the FIR registered by the VACB or the case initiated by the central agency.

According to reports, the ED had previously requested the state police to file an FIR against Vijayan and his family based on evidence obtained during its investigation into alleged payments made by CMRL. Following this, two FIRs were registered in accordance with the High Court’s October 9 order, leading to separate investigations by the ED under anti-money laundering laws.

The allegations in the FIR claim that Vijayan misused his official position to gain financial benefits for himself, his daughter, and her company. It is further alleged that Veena and her now-defunct company received Rs 3.28 crore from CMRL under the pretext of providing consultancy and marketing services.

Long or Short, get news the way you like. No ads. No redirections. Download Newspin and Stay Alert, The CSR Journal Mobile app, for fast, crisp, clean updates!

App Store – https://apps.apple.com/in/app/newspin/id6746449540

Google Play Store – https://play.google.com/store/apps/details?id=com.inventifweb.newspin&pcampaignid=web_share