Pay-off case: Kerala HC puts vigilance probe against Pinarayi Vijayan and others on hold

Kochi: The high court on Monday directed the vigilance to keep the investigation against former chief minister Pinarayi Vijayan and his relatives in the CMRL-Exalogic pay-off case in abeyance until further orders and stayed the single bench order directing the registration of vigilance cases.A bench of Justices K Natarajan and Johnson John was considering appeals by Vijayan and others after Supreme Court set aside an earlier division bench order and restored the appeals for fresh consideration. The court admitted the appeals and posted them for final hearing on Nov 25.Senior counsel for the appellants, including Sidharth Luthra and N Hariharan, challenged the registration of the cases, arguing that the appellants were entitled to be heard before an investigation was initiated. They relied on Section 175(4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and Section 17A of the Prevention of Corruption Act (PC Act), which provides for prior approval before an inquiry or inquiry into certain allegations against public servants. They also cited provisions of the Companies Act concerning the sharing of information between investigative agencies. They further contended that an SFIO investigation into the same transaction had been stayed by Delhi HC. Referring to Section 212(2) of the Companies Act, they also argued that no other agency could investigate the matter while SFIO was conducting a probe.Advocate general K Jaju Babu submitted that the state govt had constituted a team to conduct a preliminary inquiry after receiving information from Enforcement Directorate (ED). However, the single bench intervened within two days and directed the registration of vigilance cases, following which two FIRs were registered.Additional solicitor general P Sreekumar, appearing for ED, argued that there was nothing wrong with registering cases under the PC Act based on ED’s recommendation. He also submitted that ED had registered an Enforcement Case Information Report (ECIR) and initiated an investigation under the Prevention of Money Laundering Act (PMLA) following the registration of the vigilance cases.The case originated from a communication sent by ED to the state police chief recommending the registration of a case under the PC Act against Vijayan, his daughter T Veena, son-in-law P A Mohamed Riyas, a former minister, and others in connection with the alleged pay-off. HC had directed a special investigation team (SIT) to conduct a preliminary inquiry into ED’s recommendation before registering an FIR. However, acting on a petition filed by political activist K M Shajahan challenging this procedure, the single bench set aside the arrangement and directed the registration of a case under the PC Act.Vijayan and others subsequently filed leave applications seeking permission to challenge the order, contending that it had been passed without hearing them. The division bench dismissed the applications and appeals, holding that an accused public servant had no right to be heard before an FIR was registered. The appellants then approached Supreme Court through special leave petitions. The apex court set aside the division bench order, restored the appeals to HC for fresh consideration and stayed the vigilance investigation for 10 days, paving the way for the fresh hearing.You Can Also Check: Gold Rate in Kochi | Silver Rate in Kochi | Bank Holidays in Kochi | Public Holidays in KochiStay updated with the latest Kochi news. Download the TOI App.