Former Kerala Chief Minister and Leader of the Opposition Pinarayi Vijayan, his daughter T Veena and son-in-law PA Mohamed Riyas have been granted seven day interim in ₹278 crore payoff case between the Pinarayi Vijayan’s party and Exalogic.
A bench of Justices Joymalya Bagchi and V Mohana has nullified the Kerala High Court Division Bench’s October 15 order which had rejected petitioners’ objection to the registration of a First Information Report (FIR) against them by a single judge.
The top court also prohibited the investigation in the FIR for seven days, giving the petitioners temporary relief. But it stated that FIR will continue to exist and the Kerala High Court had the authority to review the appeal in its own evaluations and grant interim protection, if it had any reason to believe there was one.
The Supreme Court clarified that its decision does not constitute an opinion on the substance of the allegations and/or the validity of the term of Enforcement Case Information Report (ECIR) filed by Enforcement Directorate (ED).
During the proceedings, the bench questioned the procedure followed in registering the FIR. It started by observing that a preliminary inquiry ought to have been carried out and also expressed concern about the lack of the necessary approval under the Prevention of Corruption Act.
The case focuses on the alleged financial dealings of Cochin Minerals and Rutile Limited (CMRL) and Veena’s firm, Exalogic Solutions. The charges have brought the issue to the notice of the political players in Kerala.
The protection is only for a one week period and not a ruling on the case. The Kerala High Court has liberty to rehear the matter and decide what to do next and if the allegations are subject to judicial investigation, then the Kerala High Court is free to examine it and decide accordingly.