The Supreme Court on Wednesday stayed, for seven days, the Kerala Police investigation into the corruption FIR against former Kerala Chief Minister Pinarayi Vijayan, his daughter T Veena and son-in-law P A Mohamed Riyas in the CMRL-Exalogic case, according to ANI and The Hindu BusinessLine.
Source: ANI via LatestLY
A vacation bench of Justices Joymalya Bagchi and V Mohana set aside the Kerala High Court division bench's October 15 order denying the three leave to appeal against a single judge's October 9 direction to register the FIR. The apex court clarified that the FIR will remain in place, but the investigation will remain suspended for seven days so the petitioners can seek interim relief from the appellate bench.
The bench questioned the haste with which the single judge had ordered an FIR on the basis of an Enforcement Directorate communication under Section 66(2) of the Prevention of Money Laundering Act, particularly when the State had already constituted a Special Investigation Team for a preliminary inquiry, and noted that Vijayan had not been heard before the order was passed. Justice Bagchi said the FIR would be allowed to exist but the investigation would be stalled, and cautioned the ED against using statutory powers to meddle in the domain of other agencies.
The allegations — that Cochin Minerals and Rutile Ltd (CMRL) made payments to Exalogic Solutions, a firm linked to Veena T, without services being rendered — are allegations that have not been established in a trial. The Supreme Court said it had expressed no view on the merits, and the case will now go before the Kerala High Court division bench.
