The Vigilance Department of Keralam is all set to register a case on Monday, naming former Chief Minister and current Leader of the Opposition Pinarayi Vijayan as the first accused in the alleged curruption case involving Vijayan and family and the Aluva-based Cochin Minerals and Rutile Limited (CMRL). The case will be registered by the Thiruvananthapuram Special Investigation Unit of Vigilance under the Prevention of Corruption Act, following a High Court order.
The Kerala High Court on Friday directed the Director of the State Vigilance and Anti-Corruption Bureau (VACB) to register a First Information Report (FIR) against Vijayan and others in connection with the CMRL case admitting a petition filed by Adv. KM Shajahan.
Vigilance Director Manoj Abraham stated that a special team would conduct the investigation. The Home Minister clarified that there is no need for the government to file an appeal to the Friday order.
The development is significant as it marks the first time an investigating agency has named the former Chief Minister as an accused in the CMRL-linked alleged pay-off and hawala case. It also reverses the State government's move to delay the proceedings by proposing a fresh investigation. The case, which involves Vijayan, his daughter Veena T and son-in-law, former minister Mohammed Riyas, was earlier investigated by the Enforcement Directorate (ED), which had recommended that the Vigilance Department register an FIR.
The High Court order
The High Court single bench had ordered that, based on the report submitted by the Enforcement Directorate (ED), a formal case should be registered and investigated rather than conducting a preliminary inquiry. The court had also quashed the order issued by the DGP constituting a special investigation team without government sanction. The High Court order reached the Vigilance headquarters yesterday evening, and legal advisors are currently examining it.
The FIR will be registered on Monday morning; the registration was deferred to Monday because the intervening days were not working days. Authorities are proceeding cautiously, anticipating that Pinarayi Vijayan and Mohammed Riyas might approach the High Court citing potential irregularities in the FIR registration process. The government is not considering the CPM's demand to file an appeal.
All Crime Branch records have been handed over to the Vigilance Department. The prevailing stance is that, given the High Court order, prior sanction is not required to investigate Pinarayi Vijayan and Mohammed Riyas. The government will issue an order approving the special team recommended by the Vigilance Director. The Single Bench had pointed out earlier that the authority to appoint a special team rests with the government. However, Pinarayi is also taking steps to file an appeal against the Single Bench's verdict.
Why the High Court quashed Government order forming SIT investigaton
The court has quashed the government order constituting a Special Investigation Team (SIT) for the 'monthly payoff' case, noting that forming an SIT without first registering an FIR is illegal. The court clarified that the Vigilance department can proceed with the investigation by registering an FIR, stating that there is sufficient evidence to warrant an immediate case under the Prevention of Corruption Act. It further directed that the investigation be completed without delay and ordered the immediate handover of all evidence to the Vigilance department.
Major setback for Pinarayi and Riyas
The Enforcement Directorate’s (ED) submission of a letter detailing its investigation into the alleged corruption, abuse of power and hawala transactions had dealt a significant setback to Vijayan and Riyas. However, the State Home Department’s reluctance to act on the ED’s findings came as a relief to the two leaders and gave the Pinarayi Vijayan-led CPI(M) in Kerala an opportunity to intensify its criticism of the ED and divert public attention from the allegations.
According to sources familiar with the development, who spoke to TNIE, the government’s decision to order a fresh probe into the ED’s findings by constituting a special team before registering a FIR may have been intended to delay the process. The government was reportedly concerned about the political fallout of the allegations surrounding CMRL’s ‘monthly pay-off’, particularly as the company’s diary, a crucial piece of evidence in the case, also reportedly named a couple of political leaders from the ruling UDF alliance.
Another possible reason for the government’s cautious approach could be the likelihood of Vijayan and Mohammed Riyas initiating counter-legal proceedings, the sources said.
But the Court rejected the State government’s argument that a preliminary inquiry was necessary before registering a case. The court’s decision to call for the ED’s evidence in a sealed cover also played a crucial role in the development.
The latest order from the High Court directing the immediate registration of an FIR against the two leaders under the Prevention of Corruption Act, based on the evidence submitted by the ED, is however seen as a real setback for the former CM. The registration of the FIR would formally name him and his son-in-law as prime accused in the case.