The Kerala High Court on Friday deferred to Monday the hearing on the appeal plea filed by former Chief Minister Pinarayi Vijayan, his daughter T. Veena and her husband, CPI(M) legislator and former state Tourism Minister P.A. Mohammed Riyas, challenging the registration of an FIR in the CMRL-Exalogic case, IANS reported from Kochi. The matter was not taken up by the court on Friday and has been posted for Monday.
Source: IANS via BizzBuzz
The appeals are likely to be heard on Monday, October 26, Live Law reported, noting they were mentioned before a Division Bench of Justice Satish Ninan and Justice P. Krishna Kumar. The Supreme Court had, on October 21, set aside the order refusing permission to Vijayan and his family to appeal against the single bench order directing a vigilance FIR, and held they are entitled to move appeals before the Division Bench.
Source: Live Law
A single bench had directed the Vigilance and Anti-Corruption Bureau (VACB) to register an FIR incorporating offences under the Prevention of Corruption Act against Vijayan, Veena and Riyas, based on information passed by the Directorate of Enforcement, Live Law reported. The single bench had also set aside the state's order forming a Special Investigation Team to conduct a preliminary enquiry.
What the case alleges — and what remains unproven
The legal battle centres on allegations that Cochin Minerals and Rutile Limited (CMRL) made payments to Exalogic Solutions, a now-defunct IT firm formerly owned by Veena, without corresponding services being provided, according to the IANS report. The Hindu described the matter as a Rs 2.78-crore payoff case. These are allegations under investigation and judicial scrutiny; they have not been proven in court.
Source: The Hindu via Rise Celestial Studios
Last week, a division bench comprising Justices K. Natarajan and Johnson John had upheld the single judge's order directing registration of an FIR and dismissed the plea seeking leave to appeal, observing that an accused in a corruption case has no legal right to be heard before registration of an FIR, while clarifying the judgment did not take away the applicants' right to pursue constitutional or statutory remedies, IANS reported.
What is solid
- The Kerala High Court deferred the Vijayan, Veena and Riyas appeal hearing to Monday, October 26, and the matter was not taken up on Friday (IANS via BizzBuzz; Live Law).
- The Supreme Court on October 21 set aside the refusal of leave to appeal and sent the matter back to the High Court Division Bench (Live Law).
- A single bench directed the VACB to register an FIR under the Prevention of Corruption Act based on information from the Enforcement Directorate (Live Law).
What is only claimed
- Allegations that CMRL paid Exalogic Solutions without services being provided remain allegations; no court has decided them on merits.
- The petitioners contend they were not heard before the single bench directed the FIR, violating principles of natural justice (Live Law, reporting their contention).
Monday's hearing is expected to determine the direction of the petitioners' challenge against the FIR registration order, as the interim stay on further investigation granted by the Supreme Court remains in place.
