CMRL-Exalogic case: Kerala HC to hear Pinarayi, family’s appeals on Monday

The Kerala High Court is likely to hear on Monday the appeals filed by former Chief Minister Pinarayi Vijayan, his daughter T Veena and former minister and MLA Mohammed Riyas challenging a Single Bench order directing the Vigilance and Anti-Corruption Bureau (VACB) to register an FIR against them in the CMRL-Exalogic pay-off case.

The appeals were mentioned before a Division Bench comprising Justice Satish Ninan and Justice P Krishna Kumar on Friday. The Bench posted the matter for hearing on Monday.

The Supreme Court had on October 21 set aside the decision denying the three permission to appeal against the Single Bench order. It held that they were entitled to approach the Division Bench and remanded the matter to the High Court for consideration.

The Single Bench had directed the VACB to register an FIR against Pinarayi, Veena and Riyas, incorporating offences under the Prevention of Corruption Act, based on information provided by the Directorate of Enforcement (ED).

It had held that the state government's decision to conduct a preliminary inquiry without registering an FIR was illegal in the circumstances of the case. The court had also set aside the state government's order constituting a Special Investigation Team (SIT) to conduct the preliminary inquiry.

Challenging the order, the three filed separate appeals before the Division Bench, arguing that they had not been heard by the Single Bench before it passed an order directly affecting them. They contended that this violated the principles of natural justice.

The Division Bench had declined to grant them leave to appeal, prompting them to approach the Supreme Court. The apex court subsequently set aside that decision and remanded the matter to the Division Bench for consideration.

(With LiveLaw inputs)