Kochi, Oct 26 (IANS) In a major relief to former Kerala Chief Minister Pinarayi Vijayan, the Kerala High Court on Monday stayed its single judge’s order directing the registration of a Vigilance FIR against him, his daughter Veena, and son-in-law and CPI-M MLA Mohammed Riyas in the CMRL-Exalogic case.
A Division Bench of Justices K. M. Natarajan and Johnson John admitted the appeals filed by the three and others challenging the October 9 order.
It also stayed the single judge’s judgment and ordered that further investigation into the FIR remain in abeyance until further orders.
The court posted the case for final hearing after three weeks.
The development follows the Supreme Court’s October 21 intervention, when it held that Vijayan and the others were entitled to challenge the single judge’s order before the Division Bench.
It had also granted an interim stay on the investigation to enable the High Court to hear their appeals.
During Monday’s hearing, senior advocates appearing for the appellants argued that the single judge had ordered an FIR without hearing those directly affected.
They contended that the 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 when the decision should ordinarily be taken by the investigating agency.
They questioned whether the material provided by the Enforcement Directorate (ED) disclosed a cognisable offence under the Prevention of Corruption Act.
The appellants further contended that the transactions involving Exalogic Solutions, a company owned by Veena, did not by themselves establish criminal liability on the part of Vijayan or Riyas.
They also raised objections relating to the statutory procedure for initiating a corruption investigation.
The state government told 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 said the government had subsequently decided to register the FIR in view of the single judge’s findings.
The ED opposed a stay on further investigation, arguing that the state was required to register an FIR when information disclosed a cognisable offence.
The counsel for the original petitioner also defended the proceedings.
The case concerns alleged irregularities in financial transactions between Cochin Minerals and Rutile Limited (CMRL) and Exalogic Solutions.
The ED had shared material relating to the transactions with the state police.
On October 9, the single judge directed the Vigilance and Anti-Corruption Bureau to register an FIR against Vijayan, Veena, Riyas and others, and set aside the government’s decision to conduct a preliminary inquiry through the SIT.
The latest order does not decide the merits of the allegations, which will be examined during the final hearing.
–IANS
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