Despite Centre’s Oral Assurance, SFIO Filed Complaint Against CMRL: Delhi High Court Notes

The Delhi High Court on Wednesday expressed concern over the Serious Fraud Investigation Office (SFIO) filing a complaint against Cochin Minerals and Rutiles Limited (CMRL), despite an earlier oral assurance by the Centre that no such complaint would be submitted during the pendency of CMRL’s petition challenging the investigation.

Justice Subramonium Prasad, who initially heard the matter, noted during the hearing that the Centre’s counsel had assured the court that while the investigation may continue, no chargesheet would be filed until the matter was decided. However, a complaint was filed by the SFIO in April against CMRL and others, including Exalogic Solutions — a company owned by Kerala Chief Minister Pinarayi Vijayan’s daughter T Veena.

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“This court candidly remembers there was a clear oral understanding… an assurance was given for sure,” Justice Prasad remarked, referring to the earlier assurance. “Why was the complaint filed when an understanding was given to this court that the investigation may continue but no complaint will be filed pending this petition?” he asked Additional Solicitor General Chetan Sharma, who appeared for the Centre.

Justice Prasad emphasized that although the Supreme Court has advised that such understandings be recorded in writing, courts sometimes rely on the word of counsel. “I can only record that the complaint was filed contrary to an oral assurance given to the court,” he stated.

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The complaint has since been stayed temporarily by the Kerala High Court. Justice Prasad, with this clarification on record, sent the matter back to the roster bench, stating, “Subject to orders of the Chief Justice, list the matter before the roster bench.”

The case originally reached the Delhi High Court after CMRL challenged the SFIO’s investigation into alleged illegal financial dealings between CMRL and Exalogic. Following a change in roster, the matter had been heard by Justice Girish Kathpalia, who was informed of the earlier oral agreement. Justice Kathpalia referred the case back to Justice Prasad for clarification.

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In April, the SFIO filed its complaint before a Kochi sessions court, alleging a ₹182 crore financial fraud involving CMRL, Exalogic, and others. The Kerala High Court subsequently ordered a two-month status quo in the proceedings on April 16.

The investigation has accused Veena Vijayan of receiving ₹2.7 crore from CMRL without providing any actual services — a claim Chief Minister Vijayan has publicly denied.

The SFIO’s move came shortly after the Kerala High Court dismissed a plea by Congress MLA Mathew Kuzhalnadan seeking a vigilance probe against CM Vijayan over the alleged financial transactions.

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