Kochi, October 9 (Daily Kiran) : The Kerala High Court delivered a significant setback to CPI(M) leader and former Chief Minister Pinarayi Vijayan on October 9. The court ordered the filing of a First Information Report (FIR) regarding alleged financial transactions between Cochin Minerals and Rutile Limited (CMRL) and Exalogic Solutions.
Justice A. Badaruddeen stated that no further preliminary investigation was necessary based on the materials provided by the Enforcement Directorate (ED). This ruling paves the way for the state’s Vigilance and Anti-Corruption Bureau (VACB) Special Investigation Team (SIT) to proceed with a case against Vijayan, his son-in-law and CPI(M) legislator P.A. Mohammed Riyas, his daughter Veena, and others.
The decision followed a petition filed by activist K.M. Shahjahan, who challenged the delay in registering a case despite the ED forwarding its findings to the state police chief. The ED informed the court that its investigation under the Prevention of Money Laundering Act (PMLA) uncovered evidence suggesting potential violations of the Prevention of Corruption Act and other laws.
The ED argued that the information was submitted after an initial investigation, and there was no justification for the state police to conduct another preliminary inquiry. However, the state government contended that a corruption case could not be initiated solely based on diary entries. The court questioned this argument, asking whether statements recorded during the investigation were not available as evidence.
The ED also noted that the time frame for the preliminary investigation had lapsed. This ruling holds political significance, as it brings CPI(M) Politburo members under the purview of a criminal investigation based on the ED’s findings.
It is important to note that the filing of an FIR does not imply guilt; the allegations will require thorough investigation. The case centers on alleged payments made by CMRL to Exalogic, a company linked to Veena. The ED’s report was sent to the state police chief on September 7, requesting the registration of a separate case under the Prevention of Corruption Act.
Instead of filing an FIR, the state government opted for a preliminary inquiry by a special investigation committee within the Crime Branch. Shahjahan, a former secretary to senior CPI(M) leader V.S. Achuthanandan, approached the High Court, demanding action on the ED’s letter. He has been a vocal critic of Vijayan since his expulsion from the CPI(M).
Following protests outside the state police headquarters during Vijayan’s tenure, Shahjahan was arrested. The court’s decision provides legal backing for the government led by V.D. Satheesan to act based on the ED’s report, avoiding potential accusations of collusion between the Congress and BJP regarding the decision to file a case.
The BJP has repeatedly accused the CPI(M) and Congress of collusion over the delays. It remains to be seen whether Vijayan, the state government, or any other party will challenge the single bench’s order before a division bench of the High Court. The CPI(M) has stated it will address the issue through both legal and political channels.
Next week, the CPI(M) is set to host a seminar on the Election Commission’s “arbitrariness,” inviting key figures from the Aam Aadmi Party’s Delhi unit and other parties.
Leave a Comment