The Kerala High Court has ordered state law enforcement to register a First Information Report (FIR) against former Chief Minister Pinarayi Vijayan, his daughter T Veena, and his son-in-law P A Mohammed Riyas under the Prevention of Corruption Act.
The judgment was delivered by a Single Bench of Justice A Badharudeen while allowing a writ petition filed by public activist Advocate KM Shahjahan.
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The state had ordered a preliminary probe without filing an FIR after the enforcement directorate shared the critical findings while probing the PMLA case last month. This judgment will now force the state government to file an FIR.
The case originates from the controversial financial dealings between private mining firm Cochin Minerals and Rutile Limited and Exalogic Solutions, an IT company owned by T Veena. Investigative findings compiled by the Enforcement Directorate during its money laundering probe revealed that Exalogic received monthly payouts amounting to crores of rupees for services that were never rendered. Further evidence handed over by the ED to state authorities pointed to illicit fund transfers, including Rs 85 lakh moved abroad and over Rs 20 crore distributed locally, documented in seized financial records.
The High Court ruling explicitly dismantled the state government's defence. The Kerala Home Department had argued that a preliminary investigation by the Crime Branch was sufficient and that registering a direct FIR was not legally mandatory.
Opponents and petitioners alleged that this stance was an attempt to delay proceedings and shield high-profile political figures. By granting the writ petition, the court affirmed that the gravity of evidence uncovered by federal agencies establishes a clear duty for state authorities to register a formal FIR rather than relying on prolonged preliminary inquiries.
Beyond the immediate political shockwaves, the verdict holds profound legal consequences for the ongoing federal investigation. Previously, the ED faced procedural hurdles in formally naming Pinarayi Vijayan and Mohammed Riyas as accused in its Enforcement Case Information Report due to the absence of a registered predicate offense by state police.
ED sources confirmed to NDTV that once the FIR is registered, the probe agency will enter again in the probe that focuses only on the former Chief Minister and the family.
With the High Court directing the registration of an FIR under anti-corruption laws, the state now possesses the legal foundation required to expand its prosecution.
Kerala local self-government Minister KM Shaji, in an exclusive conversation with NDTV, launched a sharp attack on former Chief Minister Pinarayi Vijayan, former minister and sitting MLA PA Mohammed Riyas, and their family members over the Enforcement Directorate probe.
Shaji said they had no reason to fear the investigation if they had nothing to hide. He also warned against attempts to intimidate investigating agencies, including incidents such as attacks on Enforcement Directorate vehicles.
The minister said he himself had faced investigations by both the CBI and the Enforcement Directorate and had confronted them boldly. He also cited Rahul Gandhi as an example of a leader who had faced ED questioning without resorting to intimidation.
Shaji alleged that the former Chief Minister was attempting to build a defence against the investigation because he had something to hide.
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