KOCHI: The Kerala High Court on Friday directed the State Police Chief to register an FIR against former Chief Minister Pinarayi Vijayan, his daughter Veena T, and her husband, former minister P A Mohammad Riyas, in the CMRL-Exalogic pay-off case. A detailed order is awaited. While pronouncing the order, the court said: "The writ petition allowed; there is a direction to register an FIR."
Justice A Badharudeen issued the order on a petition filed by activist-lawyer KM Shajahan, challenging the state government's decision to conduct a preliminary inquiry through a Crime Branch Special Investigation Team (SIT) instead of immediately registering a corruption case. According to Shajahan, instead of forwarding the ED's recommendation to the director of the Vigilance and Anti-Corruption Bureau, the state government issued an order directing a preliminary police inquiry into the matter.
The state government had argued that an FIR could be registered only after conducting a preliminary inquiry. The Enforcement Directorate, however, submitted that the state police should register an FIR and conduct an investigation. ED had shared information with the state police chief regarding the commission of offences allegedly unearthed during its investigation. The ED investigation revealed certain transactions which, according to the agency, disclosed a predicate offence requiring investigation by the state police or the VACB.
ED's counsel pointed out that during the investigation, which related to a scheduled offence under the PMLA, the ED found materials indicating the commission of an offence that could attract provisions of the Prevention of Corruption Act. The ED submitted that Section 66(2) of the PMLA, read with the Supreme Court's judgment in the Lalita Kumari case, makes registration of an FIR obligatory if the information discloses a cognisable offence. It argued that a preliminary inquiry was not required in the present case and that registering an FIR was necessary.