CMRL case: No interim stay on Vigilance FIR against Pinarayi,Veena & Riyas, HC reserves verdict on appeals

The High Court Division Bench, on Tuesday, declined to grant an interim stay on the Single Bench order which directed the Vigilance and Anti-Corruption Bureau (VACB) to register FIRs against former Chief Minister Pinarayi Vijayan, Veena T and MLA Mohammad Riyas. Consequent to the order, the VACB has filed two FIRs under the Prevention of Corruption Act.

The Division Bench comprising Justice K Natarajan and Justice Johnson John, upon hearing the Additional Solicitor General representing the Enforcement Directorate, petitioner K M Shahjahan and Advocate General of the State Government, has reserved the orders on the appeals filed by Pinarayi Vijayan, Veena and Riyas.

During the detailed hearing on the appeals, the petitioners' counsel cited that they were not heard by the Single Bench before the judgement was passed. It was also argued that the writ petition filed by Shahjahan was a Public Interest Litigation (PIL) and, as per the roster of the High Court, the hearing of the PIL rests with the Division Bench, and hence the judgement on filing the FIR was a nullity and should be set aside. According to the counsel, the manner in which the judgement was passed without hearing the parties accounted for denial of natural justice.

The ED, however, said that the accused parties have no right to be heard. The Advocate General said that the government has obeyed the Single Bench's order and FIRs have already been registered. References were made to K Karunanidhi vs State of Kerala case during the hearing, which dealt with the powers of the VACB to register FIRs, investigate crimes, submit charge sheets and prosecute the offenders and considered if the VACB was a police force constituted under the legislative powers of the state government.

Justice A Badharudeen, on Friday, directed the state government to register an FIR in the CMRL-Exalogic case based on information provided by the Enforcement Directorate (ED). It also termed as illegal the decision to conduct a preliminary inquiry through a special team constituted by the State Police Chief and directed the Director of the Vigilance and Anti-Corruption Bureau (VACB) to immediately register an FIR under the Prevention of Corruption Act based on the information shared by the ED under Section 66(2) of the Prevention of Money Laundering Act (PMLA).

The CPM, which has termed the ED's move as a politically orchestrated ploy, would have wanted the High Court to grant an interim stay before the national seminar. The party is organising a national seminar on 'Political witchhunt using central investigation agencies' on October 14 and 15. The seminar is being organised by AKG study and research centre and will have participation of prominent personalities from across the country who were charged by ED in various cases.