The Kerala High Court’s Division Bench rejected the appeal petition filed by CPM supremo and former Chief Minister Pinarayi Vijayan against the Single Bench order on October 15 in the CMRL-Exalogic case.
The Single Bench had directed the registration of an FIR under the Prevention of Corruption Act, 1988, against them, based on the information forwarded by the Directorate of Enforcement (ED) under Section 66(2) of the Prevention of Money Laundering Act, 2002.
However, Pinarayi’s counsel and others argued that the Single Bench had passed the order without allowing them to be heard and that this was a violation of the principles of natural justice.
Now, since the Division Bench has rejected Pinarayi Vijayan’s appeal in the CMRL-Exalogic case, he has to face the case. He has to face court proceedings in cases registered by the Vigilance and the ED.
The case concerns payments made by Cochin Minerals and Rutile Limited (CMRL) to Exalogic Solutions, a company associated with Vijayan’s daughter, Veena Vijayan.
Still, former CM Pinarayi Vijayan has the option of moving the Supreme Court. It would be a practical method of delaying tactics.
The latest development is a grave blow not only to Pinarayi Vijayan but also to the V.D. Satheeshan government.
The origin of the CMRL-Exalogic case is the ED report that CMRL, the black sand (ilmenite) company, had appointed Pinarayi Vijayan’s daughter Veena Vijayan as its consultant and that she drew salaries without rendering any service. The report said that it was black money. Therefore, Pinarayi Vijayan and and his son-in-law Mohammed Riyas are co-litigants.
The ED had recommended registering the case against both.
However, the V.D. Satheeshan government delayed the registration of the case. It was a blatant attempt to protect the Pinarayi Parivar.
As a result, former CPM worker Adv. K.M. Shajahan filed a petition before the High Court. He submitted that the UDF government was delaying action to comply with the ED report. He prayed for the court’s direction to the government to expedite the action.
The Satheeshan government’s stand was sympathetic to the Pinarayi family. The Single Bench of the High Court had directed the government to register the case against Pinarayi Vijayan, Mohammed Riyas and Veena Vijayan in the CMRL-Exalogic case.
Pinarayi Vijayan moved the Division Bench against this. The counsel for the Satheeshan government submitted before the Court that Adv. K.M. Shajahan was an untrustworthy litigator. It was a pro-Pinarayi stand. But the Division Bench has rejected Pinarayi’s appeal.
At the end of the day, the Satheeshan government’s endeavour to protect Pinarayi and his family members has shattered. It is a heavy blow to the INDI Alliance in the state.
Critics argue that the Congress is indirectly playing it safe by hiding behind the judiciary rather than making it a government initiated proceedings against its arch-rival, Pinarayi Vijayan, in the CMRL-Exalogic case.
Observers await the next step of the CM Satheeshan government to protect Pinarayi Vijayan and his family.
Meanwhile, the FIRs registered by the Special Investigation Team state that CMRL boss Sasidharan Kartha paid Rs 3.28 crore to former CM’s daughter Veena Vijayan without rendering any service and that this was because of her father’s position as the Chief Minister of the state. They also state that Pinarayi Vijayan and Mohammed Riyas misused their positions as Chief Minister and minister, respectively, to amass money.
The BJP has demanded the resignation of Pinarayi Vijayan on moral grounds.
