Former Kerala Chief Minister Pinarayi Vijayan on Friday approached the Supreme Court challenging the Kerala High Court’s direction to register an FIR in the alleged Cochin Minerals and Rutile Limited (CMRL) bribery case. He also sought protection from coercive action after informing the apex court that an FIR had already been registered.
Senior advocate Sidharth Luthra, representing Vijayan, requested urgent listing of the petition before a bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi.
The Chief Justice indicated that the matter would be taken up when the Supreme Court resumes proceedings on October 26 following the Dussehra break. He also said a bench could be constituted during the holidays next week, depending on the availability of judges.
High Court Rejects Appeals Against FIR Direction
Vijayan’s move comes a day after a division bench of the Kerala High Court refused to entertain appeals filed by him, his daughter Veena T and her husband P A Mohamed Riyas against an October 9 order directing registration of the FIR.
The three had challenged the single judge’s order on the ground that they were not given an opportunity to present their case before the direction was issued.
However, the division bench rejected their applications seeking permission to appeal, holding that a person accused in a corruption case has no legal entitlement to a hearing before an FIR is registered.
Following the rejection of the applications, the High Court also dismissed the appeals.
ED Report Led to Direction for FIR
The proceedings stem from the Kerala High Court’s October 9 order directing the Vigilance and Anti-Corruption Bureau (VACB) to register a case on the basis of a report submitted by the Enforcement Directorate (ED) to the state police.
The ED had recommended registration of a case citing material collected during its investigation and searches carried out under the Prevention of Money Laundering Act.
The central agency has alleged that CMRL transferred Rs 2.78 crore to Exalogic Solutions, a now-defunct company belonging to Vijayan’s daughter Veena, by presenting the transactions as payments for IT consultancy services.
The agency claims that the payments were fraudulent.
The Supreme Court is now expected to consider Vijayan’s challenge to the High Court’s order and his request for protection from coercive action.
