Kochi: Opposition Leader and former Chief Minister Pinarayi Vijayan, his daughter T Veena and son-in-law and MLA P A Mohammed Riyas approached the Kerala High Court’s Division Bench on Monday, seeking permission to challenge a Single Bench order directing the Vigilance and Anti-Corruption Bureau (VACB) to register cases against them in the CMRL pay-off case.

The petitions seeking “leave to appeal” are scheduled to be considered at 1.45 pm on Monday.

Advocate Gilbert George Correya, who represents Vijayan and others, told Onmanorama that all three - Vijayan, Veena and Riyas - have filed separate petitions seeking leave to appeal against the Single Bench order.

Correya said that the three were not parties to the original petition filed before the Single Bench and were therefore considered third parties in the proceedings. However, since the order directly affects them, they must first obtain the Division Bench’s permission to challenge it.

“Since we were not named as parties in the original petition, we are considered third parties in the eyes of the law. However, as the ruling directly affects us, the Division Bench must first grant us formal permission to appeal. Only after that permission is granted can our appeal be considered on its merits,” he said.

Correya said the writ appeal had already been filed, but it could be taken up for consideration only after the court granted leave to appeal.
“We have to challenge this order, and a writ appeal is the route for that. But for the appeal to be listed and considered, the court must first grant us leave. That permission is what will be heard at 1.45 pm,” he said.

The legal move follows a Single Bench ruling on a petition filed by activist K M Shajahan, which directed the VACB to register cases against Vijayan and his family under the Prevention of Corruption Act (PCA).

The Single Judge relied on findings and materials forwarded by the Enforcement Directorate (ED), observing that they prima facie disclosed an offence. The court held that a preliminary inquiry or prior government sanction under Section 17A of the PCA was not necessary in the circumstances. It also struck down an earlier state police order constituting a Special Investigation Team (SIT) without sanction.

Following the order, the VACB registered two FIRs against Vijayan, Veena, Riyas and others on Monday.

Vijayan’s lawyer has challenged the directive on the ground that it requires them to face criminal proceedings despite not having been impleaded in the original case or given an opportunity to be heard. The team contends that issuing a binding direction to register an FIR against individuals without hearing them violates the principles of natural justice.
The Division Bench on Monday afternoon will consider whether the leave petitions can be entertained.