The Kerala High Court has directed the State Police to register a First Information Report (FIR) against former Chief Minister Pinarayi Vijayan and others in connection with the alleged corruption in the CMRL-Exalogic case, allowing a petition challenging the authorities’ decision to conduct a preliminary enquiry instead of registering a criminal case.
Justice A Badharudeen passed the order on Friday while allowing a writ petition filed by advocate KM Shajahan in Adv KM Shajahan v. State of Kerala & Ors. The Court recorded its decision in brief, stating that the writ petition was allowed with a direction to register an FIR.
The proceedings arose from allegations concerning financial transactions between Cochin Minerals and Rutile Limited (CMRL) and Exalogic Solutions Private Limited, a company formerly owned by Veena Thaikkandiyil, daughter of Vijayan. The Enforcement Directorate (ED), during its investigation into the transactions, had forwarded material to the Kerala Police for appropriate action.
The petitioner approached the High Court after the State Government constituted a Special Investigation Team (SIT), headed by Crime Branch Additional Director General of Police H Venkatesh, to conduct a preliminary enquiry rather than immediately registering an FIR.
Shajahan contended that the material gathered by the ED disclosed the possible commission of offences warranting investigation under the Prevention of Corruption Act, 1988. The allegations concerned Vijayan, his daughter Veena, her husband and former minister P A Mohammed Riyas, among others. The petitioner sought registration of a criminal case and requested that the investigation be entrusted to the Vigilance and Anti-Corruption Bureau (VACB).
During the proceedings, the ED supported the petitioner’s demand for registration of an FIR. Its standing counsel, Jaishankar V Nair, submitted that the agency had encountered transactions requiring investigation by the State Police or another competent authority.
The ED’s position was that the information and material emerging from its investigation warranted action by the appropriate law enforcement agency. The agency had earlier communicated its findings to the State authorities in connection with the alleged financial irregularities involving CMRL and Exalogic Solutions.
The State, however, questioned the maintainability of the writ petition. Advocate General Jaju Babu argued that the petition had been instituted as a private writ petition, despite being presented as a matter of public interest.
The State also maintained that receipt of information from the ED did not automatically deprive the police of their authority to independently assess whether the material disclosed the commission of an offence necessitating registration of an FIR.
The High Court’s direction comes amid allegations that payments made by CMRL to Exalogic Solutions were improper and potentially constituted unlawful gratification. The allegations against the individuals concerned remain subject to investigation and adjudication in accordance with law.
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