Ex-Kerala CM Pinarayi Vijayan Moves Supreme Court Against Kerala HC Direction For FIR In CMRL-Exalogic Case

  • Ex-Kerala CM Pinarayi Vijayan Moves Supreme Court Against Kerala HC Direction For FIR In CMRL-Exalogic Case

    Former Kerala Chief Minister Pinarayi Vijayan has approached the Supreme Court challenging the Kerala High Court's direction to register FIR in the CMRL-Exalogic payoff case on the basis of the information supplied to the Kerala Police by the Directorate of Enforcement.Senior Advocate Siddharth Luthra mentioned the matter before the Chief Justice of India seeking urgent listing, saying that...

    Former Kerala Chief Minister Pinarayi Vijayan has approached the Supreme Court challenging the Kerala High Court's direction to register FIR in the CMRL-Exalogic payoff case on the basis of the information supplied to the Kerala Police by the Directorate of Enforcement.

    Senior Advocate Siddharth Luthra mentioned the matter before the Chief Justice of India seeking urgent listing, saying that FIR has already been registered, and there was a threat of coercive action. CJI Surya Kant said that the matter can be listed on October 26/27 once the Court re-opens after the Dussehra break. When Luthra pressed for urgent hearing, CJI said that he can consider listing before a special bench during vacation, subject to the availability of the judges.

    "The threat is because now the FIR is registered. All I am saying is, let him be protected, because that is my concern. Otherwise, an 82-year-old gentleman will be put in custody," Luthra said. Luthra argued that the direction was passed by a single bench in a writ petition in the nature of a PIL, although the bench did not have the roster for public interest litigation. He further argued that the single bench passed the direction without hearing the accused, and the division bench refused leave to appeal.

    Senior Advocate N Hariharan mentioned the petitions filed by co-accused Veena T and Md Riyaz, daughter and son-in-law of Vijayan.

    A single bench of the High Court, acting on a writ petition filed by one KM Shajahan, had directed the Vigilance and Anti-Corruption Bureau to register an FIR under the Prevention of Corruption Act. The allegations are against the CPI(M) leader, his daughter Veena T and son-in-law Mohammed Riyaz. Disapproving of the approach taken by the State to direct a preliminary enquiry into the matter, the single bench held that once the ED has furnished information under Section 66(2) of the Prevention of Money Laundering Act, a preliminary enquiry was not warranted

    A division bench of the High Court yesterday refused to entertain the appeal filed by Vijayan, Veena T and Riyaz.

    The allegation in the ED case is that from 2017 to 2020, CMRL (Cochin Minerals and Rutile Ltd.), a public company, made monthly payments totalling ₹1.72 crores to Exalogic Solutions Pvt. Ltd., associated with Veena T, without any actual services being rendered.

    Earlier this year, the plea preferred by the accused CMRL officials to quash the ED case was dismissed by the Single Bench as well as the Division Bench.

    On August 19, the ED issued a press release stating that it had collected evidence regarding hawala transactions to the tune of crores in the case and thereby, offences under the Prevention of Money Laundering Act have also been committed by the accused persons.

    On September 7, the ED sent a letter to the Kerala Director General of Police to register an FIR under the PC Act against Pinarayi, Veena and Riyas. However, the Home Secretary issued an order to the State Police Chief to entrust the case to Crime Branch and to constitute a Special Investigation Team for preliminary enquiry and accordingly, an order was passed by the Police Chief, it is stated.

     

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