KOCHI: The Kerala High Court on Friday dismissed two petitions seeking a vigilance investigation into the alleged illegal financial transactions between Cochin Minerals and Rutile Limited (CMRL) and Chief Minister Pinarayi Vijayan, his daughter T Veena, and three UDF leaders. The petitions were filed by Congress MLA Mathew Kuzhalnadan and the late Gireesh Babu of Kalamassery.
“An unnecessary investigation or an enquiry into an offence under the Prevention of Corruption Act against a public servant based on suspicions may cause a blemish on his career or reputation. Being called to appear before a criminal court as an accused is a serious matter that affects one’s dignity, self-respect, and image in society,” said Justice K Babu.
The complainants alleged that CMRL paid Rs 1.72 crore to Exalogic Solution Pvt Ltd and Veena T, which was a bribe paid to Pinarayi Vijayan for doing favours and misusing his official position. Besides, MLAs Ramesh Chennithala and P K Kunhalikutty and former public works minister V K Ebrahim Kunju, and A Govindan were also alleged to have received illegal gratification.
The complaint was based on the order of the Interim Settlement Board, New Delhi, wherein many admissions were made by CMRL officers that would reportedly disclose offences under the Prevention of Corruption Act. The IT department had found that CMRL has been systematically inflating its expenses and made payments in cash to several individuals, including media houses and politicians.
T A Shaji, Director General of Prosecution, submitted that the statement made by the authorised officer of CMRL before the Interim Board for Settlement based on certain loose papers regarding the receipt of money by political leaders cannot be treated as a fact constituting the alleged offence.
Senior advocate P Vijayabhanu, counsel for CMRL, submitted that the confession alleged to have been given by the Chief Financial Officer of CMRL before the Interim Board for Settlement has no evidentiary value, and the same cannot be relied upon to set the criminal law in motion.
The court said the complainant could only place certain materials highlighting ‘suspicions’ based on the allegations in the complaint and ‘not facts’ constituting the alleged offences. The court made it clear that rejection of the complaint does not preclude the complainant from filing a fresh complaint with adequate materials in the future.
CMRL pay-off case: MLA’s plea for confidential branch info dismissed
THIRUVANANTHAPURAM: The State Information Commission has disposed of the appeal filed by Congress MLA Mathew Kuzhalnadan seeking information from the confidential branch of the police headquarters on the alleged corruption involving Cochin Minerals and Rutile Ltd (CMRL) and Exalogic Solution owned by Veena Vijayan, the daughter of Chief Minister Pinarayi Vijayan. Chief Information Commissioner (CIC) V Hari Nair passed the order dismissing the MLA’s appeal, saying the confidential branch was excluded from the purview of the RTI Act.