Kerala High Court To Hear On Monday Appeals By Pinarayi Vijayan, Kin Against Order Directing Vigilance FIR In CMRL-Exalogic Case
The appeals preferred by former Chief Minister Pinarayi Vijayan, daughter Veena T. and son-in-law/ex-Minister Muhammed Riyas against the Single Bench order directing Vigilance FIR against them in CMRL-Exalogic pay off case is likely to be heard by the Kerala High Court on Monday (October 26).
The appeals were mentioned before the Division Bench of Justice Satish Ninan and Justice P. Krishna Kumar today (October 24). The Bench has posted the matter to be heard on Monday (October 26).
The Apex Court had, on October 21, set aside the order refusing to permit Pinarayi and his family from appealing against Single Bench order directing FIR against them and had held that are entitled to move appeals before the Division Bench.
A Single Bench had directed the Vigilance and Anti-Corruption Bureau (VACB) to register an FIR incorporating offences under the Prevention of Corruption Act against Pinarayi, Veena and Riyas based on the information passed by the Directorate of Enforcement.
The Single Bench had found that the government's decision to conduct preliminary enquiry without registration of FIR is illegal considering the facts of the case. It had also set aside the State's order forming Special Investigation Team (SIT) to conduct preliminary enquiry.
Aggrieved by the direction, the three moved separate appeals before the Division Bench. It is contended that they were not heard by the Single Bench before passing an order that directly affects them, violating principles of natural justice. The Division Bench did not grant them leave to prefer the appeal.
Subsequently, the three moved the Supreme Court challenging the decision and the appeals were remanded back to the Division Bench for consideration. The Supreme Court had also granted a 10-day stay on the investigation in the FIR registered against them.
Counsel for the appellants: S. Sreekumar (Sr.), T.A. Shaji (Sr.), K. Gopalakrishna Kurup (Sr.), Raman B. Pillai (Sr.), Ameen Hassan K., Lisna Sherin T.T., Ummul Fadla T., Abdul Fathah, Rajesh A., Muneer Ahmed, Gilbert George Corrreya, K.K. Ravindranath, P. Narayanan, Manu V., Thanushree Damodaran, Abhijith M.A. and Clarina Christopher P.
Counsel for the respondents: K. Jaju Babu - AG, P. Sreekumar - ASGI, V. Sethunath