Kerala High Court Orders FIR Against Former CM Pinarayi Vijayan in Bribery Case

Significant Ruling from Kerala High Court

In a significant setback for the CPI(M) and former Chief Minister of Kerala, Pinarayi Vijayan, the Kerala High Court has mandated the filing of a First Information Report (FIR) under anti-corruption laws. This decision stems from a report by the Enforcement Directorate (ED) concerning alleged bribery linked to the Cochin Minerals and Rutile Limited (CMRL) case.

The ruling also poses challenges for the Congress-led UDF government, as the court deemed the establishment of a Special Investigation Team (SIT) to probe the allegations as 'illegal' and subsequently annulled it.

Justice A Badharudeen stated, 'The government's decision to form a special team for inquiry without registering an FIR is found illegal based on the facts of the case and is therefore set aside.'

The court instructed the Director of the Vigilance and Anti-Corruption Bureau (VACB) in Thiruvananthapuram to promptly register an FIR based on the ED's findings under section 66(2) of the Prevention of Money Laundering Act (PMLA) for offenses outlined in the Prevention of Corruption Act against the individuals named in the ED's report.

It emphasized the need for immediate action, directing the VACB to investigate the allegations thoroughly and submit a final report without unnecessary delays.

Additionally, the court ordered that the DGP or the head of the SIT, who possesses the information provided by the ED, must transfer this information to the VACB without delay to facilitate the FIR registration.

The court's directives were issued following a plea from advocate K M Shajahan, who argued that an FIR should be filed instead of merely conducting a preliminary inquiry based on the ED's report.

The ED had indicated that an FIR could be lodged against Vijayan, his daughter Veena T, and her spouse P A Mohamed Riyas, based on the evidence presented to the state police.

The agency contended that its report could serve as a basis for an FIR, a claim that was contested by the state government, which argued that further preliminary inquiry was necessary.

In response, CPI(M) Rajya Sabha MP John Brittas stated that the party would address the situation both legally and politically, asserting that the court should investigate all transactions related to CMRL, as many prominent UDF leaders allegedly received funds from the mining company.

Brittas emphasized, 'We will legally and politically contest the targeting of Vijayan through central agencies, including the ED.'

Echoing similar sentiments, CPI(M) veteran M V Jayarajan described the case against Vijayan as unfounded, arguing that the affected parties were not given a chance to present their side before the FIR registration order was made.

He further alleged that the ED fabricated evidence and statements in the CMRL-Exalogic case.

CPI(M) state secretariat member P Jayarajan claimed there was a 'political conspiracy' aimed at targeting Vijayan, asserting that the ED's actions were part of this scheme.

He reiterated that Vijayan, Veena, and Riyas should have been consulted before the FIR order was issued, and vowed to address the matter through both political and legal channels.

George, a BJP leader, remarked that the court's ruling validated their long-held assertions, stating, 'Vijayan is no longer fit to serve as the Leader of Opposition in the assembly and should resign.'

Recently, the Congress-led UDF government in Kerala initiated a police inquiry following the ED's request for an investigation into Vijayan, Veena, and Riyas.

The ED has sought the registration of a case based on 'evidence' collected during its investigation and searches conducted under the Prevention of Money Laundering Act, alleging that CMRL made fraudulent payments of Rs 2.78 crore to Veena's now-defunct company, Exalogic Solutions, disguised as 'IT consultancy services.'