Kochi: In a huge blow to the CPI(M) and former Keralam Chief Minister Pinarayi Vijayan, the Kerala High Court Friday ordered registration of an FIR under the anti-graft law against him and others based on the ED report on the alleged CMRL bribery case.
The order also came as a setback for the ruling Congress-led UDF government as the High Court termed as “illegal” its decision to constitute a Special Investigation Team (SIT) to conduct a preliminary enquiry into the allegations in the Enforcement Directorate’s (ED) report and set it aside.
“The decision of the government to form a special team to conduct an enquiry as per Ext.P9 (ED report) without registering an FIR is found illegal on the facts of the case and therefore, the same is set aside,” Justice A Badharudeen said.
The court also specifically directed the Director of the Vigilance and Anti-Corruption Bureau (VACB), Thiruvananthapuram, to “forthwith” register an FIR based on the information furnished by the ED under section 66(2) of the Prevention of Money Laundering Act (PMLA) for offences disclosed under the Prevention of Corruption Act against the suspected persons specifically mentioned in the agency’s report.
It directed that the FIR be registered without any delay, and to “investigate the allegations through competent officers of the VACB and file the final report, without much delay.”
The court also directed that the DGP or the head of the SIT having custody of the information given by the ED shall hand over the same to the VACB “forthwith” for the purpose of registering an FIR.
It directed the VACB to register the FIR and proceed further in accordance with the law.
“In this connection, the ED is directed to forward all necessary documents to the 3rd respondent (VACB), forthwith, and the 3rd respondent is free to call for any other documents required for the purpose of investigation after registering the FIR,” the court said.
The directions came while allowing a plea by advocate K M Shajahan, who had contended that the police should register an FIR rather than conduct a preliminary inquiry on the allegations contained in the ED report.
The ED had claimed in court that an FIR could be registered against Vijayan, his daughter Veena T and her husband P A Mohamed Riyas based on the report it had submitted to the state police.
The ED had also claimed that its report could be treated as a preliminary inquiry report and that an FIR could be registered based on it.
The contention had been opposed by the state government, which claimed that the report submitted by the agency was not sufficient to register an FIR and that a preliminary inquiry was required.
Meanwhile, CPI(M) Rajya Sabha MP John Brittas said the party has decided to deal with the matter both legally and politically.
He said that the court should examine all transactions related to CMRL as, according to a list released by BJP leader Shone George, many top UDF leaders also allegedly received funds from the mining company.
“We will politically and legally fight against the targeting of Vijayan by using central agencies, including the ED,” he told reporters in Delhi.
Speaking along similar lines, CPI(M) veteran M V Jayarajan told reporters in Thiruvananthapuram that it was a false case against Vijayan.
He further said that in such cases, the persons who will be affected are also heard by the court.
“Here the affected parties were not heard before passing an order to register an FIR,” he contended.
He also alleged that the ED created fake evidence and statements in the CMRL-Exalogic case.
CPI(M) state secretariat member P Jayarajan claimed there was a “political conspiracy” to target Vijayan and as part of that, the ED gave a letter to the Keralam DGP to register an FIR against the former CM and his family members.
He too said that Vijayan, Veena and Riyas should have been heard before the order was passed and contended that the matter will be dealt with politically and legally.
George told reporters that the court’s order had vindicated what he and the BJP had been saying for a long time.
“Vijayan is no longer eligible to continue as the Leader of Opposition in the assembly. Therefore, he should resign,” he said.
The Congress-led UDF government in Keralam recently ordered a police inquiry based on the ED’s letter to the State Police Chief seeking a probe against Vijayan, Veena and Riyas.
The ED has sought registration of a case based on “evidence” gathered during its probe and searches conducted under the Prevention of Money Laundering Act.
The agency has alleged that Cochin Minerals and Rutile Limited (CMRL) made fraudulent payments of Rs 2.78 crore to Veena’s now-defunct company Exalogic Solutions under the guise of “IT consultancy services.”
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