Former Kerala Chief Minister and Leader of the Opposition Pinarayi Vijayan will not appear before the Enforcement Directorate (ED) in Kochi for questioning on Friday, October 23, in connection with the money-laundering case linked to the alleged Cochin Minerals and Rutile Ltd (CMRL)-Exalogic payoff case, The Hindu reported on Thursday.
Source: The Hindu
The central agency had issued him a summons last week asking him to appear at its zonal office in Kochi around 11 a.m. His counsel informed ED officials that he will not appear, citing the Supreme Court order of Wednesday, which stayed for seven days a Kerala Police investigation into the First Information Report (FIR) registered against him, his daughter T. Veena and his son-in-law P. A. Mohamed Riyas in the case.
The ED had earlier registered two Enforcement Case Information Reports (ECIRs) under the Prevention of Money Laundering Act (PMLA) against Mr. Vijayan, Ms. Veena, owner of the now-defunct Exalogic Solutions, and Mr. Riyas, a former minister. A single-judge bench of the Kerala High Court had earlier directed the state police to register the FIR under the Prevention of Corruption Act, 1988, on the basis of information given by the ED to the Kerala Police under Section 66(2) of the PMLA.
Mr. Vijayan has also moved the Kerala High Court seeking to stall further proceedings, including ED action, while his appeal is pending, Madhyamam reported. His legal team is seeking an early listing of the appeal before a division bench, relying on the Supreme Court order that permitted him and the other two petitioners to file an appeal against the single bench's October 9 order.
Source: Madhyamam
Vijayan's side: the Supreme Court has stayed the police investigation for seven days and allowed an appeal, so ED questioning should not proceed on October 23. The ED's position, as reported: the Supreme Court order does not prevent it from continuing its own probe and has not invalidated its Section 66(2) communication.
The ED maintains that the Supreme Court order does not bar it from continuing its investigation, Nation Press reported, adding that the agency reviewed the case at its Kochi office on Thursday and is preparing to oppose Vijayan's appeal before the High Court. The allegations in the payoff case are allegations under investigation and have not been proved in court.
Source: Nation Press