Kochi, Sep 26 The Kerala High Court on Saturday directed the ED to submit the records provided to the Kerala Police recommending the registration of a case against former Chief Minister Pinarayi Vijayan and his family in the alleged CMRL bribery case.
The Congress-led UDF government in Keralam recently ordered a police inquiry based on the Enforcement Directorate (ED) letter to the State Police Chief seeking a probe against Vijayan, his daughter Veena T, and her husband, P A Mohamed Riyas, MLA.
The ED has sought registration of a case based on “evidence” gathered during its probe and searches conducted under the Prevention of Money Laundering Act.
The agency has alleged that Cochin Minerals and Rutile Limited (CMRL) made fraudulent payments of Rs 2.78 crore to Veena’s now-defunct company Exalogic Solutions under the guise of “IT consultancy services.”
Justice A Badharudeen issued the direction while considering a petition filed by K M Shajahan, who contended that the police should register an FIR rather than conduct a preliminary inquiry.
The Advocate General submitted that registration of an FIR was not mandatory based on information provided under Section 66(2) of the PMLA Act and that a preliminary inquiry, as ordered in the case, was legally permissible.
The Standing Counsel for the ED, however, contended that the registration of an FIR was mandatory in such a case and that there was no scope for a preliminary inquiry, given the agency’s findings.
The court said the rival contentions raised a legal question that needed to be heard in detail with reference to relevant judicial decisions.
Meanwhile, the ED’s Standing Counsel submitted that the information provided to the State Police, along with the related records, would be produced before the court.
“In order to maintain secrecy of the information and connected records, the same to be produced before this Court on September 29 in a sealed cover. Both parties are directed to be ready with the relevant decisions governing the legal questions to be addressed,” the court said in its order.
The court will consider the petition again on September 29.
(PTI News)
