The Supreme Court on Wednesday stayed the investigation into the FIR registered against former Kerala Chief Minister Pinarayi Vijayan, his daughter Veena T and son-in-law P A Mohamed Riyas in the alleged Cochin Minerals and Rutile Limited (CMRL)-Exalogic case for seven days. The Court also permitted the petitioners to pursue their challenge before a Division Bench of the Kerala High Court.
A vacation Bench comprising Justice Joymalya Bagchi and Justice V Mohana passed the order while hearing pleas challenging the Kerala High Court’s refusal to permit an appeal against a single judge’s direction to register an FIR in the case.
The Supreme Court clarified that the FIR would remain in place, but the investigation would not proceed until the issues raised by the petitioners were considered by the appellate Bench. The interim protection is intended to enable them to approach the High Court against the order directing registration of the criminal case.
The dispute stems from an October 9 order of Justice A Badharudeen of the Kerala High Court directing the State Vigilance and Anti-Corruption Bureau (VACB) to register an FIR following a petition by lawyer-activist K M Shajahan. The petition sought criminal proceedings over alleged payments made by CMRL to Exalogic Solutions, a now-defunct IT company formerly run by Vijayan’s daughter, Veena.
The Enforcement Directorate had earlier forwarded a report to the State police recommending the registration of a case on the basis of material gathered during its investigation, including searches conducted under the Prevention of Money Laundering Act.
The allegations concern payments amounting to ₹2.78 crore allegedly made by CMRL to Exalogic Solutions under the guise of IT consultancy fees. The allegations are being examined by the investigating authorities and have not been established as guilt in a criminal trial.
Following the single judge’s direction, the VACB registered two FIRs against Vijayan and other named persons. Vijayan, Veena and Riyas subsequently approached a Division Bench of the Kerala High Court seeking permission to challenge the order. The Division Bench declined their request on October 15, observing that an accused in a corruption case has no right to be heard before an FIR is registered.
The petitioners then moved the Supreme Court, contending that the single judge had directed registration of the FIR without hearing them. They also questioned the maintainability of the original proceedings, arguing that the petition seeking registration of an FIR was in the nature of a public interest litigation and should have been heard by a Bench authorised to deal with such matters.
Vijayan and the other petitioners have challenged both the procedure adopted by the single judge and the subsequent refusal to permit an appeal. They have sought protection against coercive action while contesting the legal basis of the investigation.
The Supreme Court’s order does not quash the FIR or decide the merits of the corruption allegations. Instead, it grants the petitioners an opportunity to seek appellate scrutiny of the High Court’s original direction, while temporarily restraining further investigation.
The matter is expected to return before the Kerala High Court for consideration of the petitioners’ challenge.
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