Kerala High Court Stays Vigilance Probe Against Pinarayi Vijayan, Others in CMRL Case

The Kerala High Court on Monday stayed an order directing the registration of a Vigilance FIR against former Chief Minister Pinarayi Vijayan, his daughter Veena and son-in-law and CPI(M) MLA Mohammed Riyas in the CMRL-Exalogic case, providing interim relief to the appellants.

A Division Bench comprising Justices K. M. Natarajan and Johnson John admitted appeals filed by the three and others challenging a single judge’s October 9 order. The Bench stayed the judgment and directed that further investigation into the FIR remain suspended until further orders.

The court scheduled a final hearing in three weeks.

Supreme Court Intervention Preceded High Court Hearing

The development follows the Supreme Court’s intervention on October 21, when it held that Vijayan and the other accused were entitled to challenge the single judge’s order before a Division Bench of the High Court.

The apex court had also granted an interim stay on the investigation to allow the High Court to consider their appeals.

During Monday’s hearing, senior advocates representing the appellants argued that the single judge had ordered the registration of an FIR without hearing those directly affected by the decision.

They contended that the original petitioner had bypassed the procedure available under the Bharatiya Nagarik Suraksha Sanhita (BNSS). The defence also argued that the single judge had exceeded the court’s jurisdiction by directing the registration of an FIR, which they said should ordinarily be decided by the investigating agency.

The appellants questioned whether the material supplied by the Enforcement Directorate (ED) disclosed a cognisable offence under the Prevention of Corruption Act.

They further maintained that the financial transactions involving Exalogic Solutions, a company owned by Veena, did not by themselves establish criminal liability on the part of Vijayan or Riyas. Objections were also raised over the statutory procedure for initiating a corruption investigation.

State Government, ED Present Their Arguments

The state government informed the court that it had initially constituted a Special Investigation Team (SIT) to conduct a preliminary inquiry into the material received from the ED.

The Advocate General submitted that the government subsequently decided to register an FIR in view of the findings recorded by the single judge.

The ED opposed the request to suspend further investigation, arguing that an FIR must be registered when information discloses a cognisable offence. The counsel representing the original petitioner also defended the proceedings.

The Division Bench’s interim order keeps further investigation on hold while the appeals are considered. The court has not yet delivered a final ruling on the legality of the earlier order.

Case Concerns Transactions Between CMRL and Exalogic

The case relates to alleged irregularities in financial transactions between Cochin Minerals and Rutile Limited (CMRL) and Exalogic Solutions. The ED had shared material concerning the transactions with the state police.

On October 9, a single judge directed the Vigilance and Anti-Corruption Bureau to register an FIR against Vijayan, Veena, Riyas and others. The order also set aside the state government’s decision to conduct a preliminary inquiry through the SIT.

The High Court’s latest decision is an interim procedural development and does not determine the merits of the allegations. Those issues remain subject to further proceedings and the final hearing scheduled by the Division Bench.