CMRL-Exalogic Case: FIR Against Pinarayi Vijayan Not Cancelled, Says P C Thomas
P C Thomas clarifies that the Supreme Court's stay in the CMRL-Exalogic case doesn't cancel the FIR against former Kerala CM Pinarayi Vijayan.
The legal battle surrounding the CMRL-Exalogic payoff case has intensified following a recent intervention by the Supreme Court. Former Union Minister and advocate P C Thomas has clarified that the Supreme Court's decision to stay the investigation for seven days does not mean the First Information Report (FIR) against former Kerala Chief Minister Pinarayi Vijayan has been invalidated.
Procedural Gap, Not a Merit Victory
Explaining the nuances of the court's order, P C Thomas stated that the matter was referred back to the High Court primarily due to a procedural lapse. According to Thomas, the parties involved, including Pinarayi Vijayan, had not been given a fair hearing before the initial order was passed.
“The Supreme Court has taken up the case and has found that there is a procedural irregularity of not hearing the parties. Probably, Pinarayi Vijayan could have been heard. But since he has not been heard, they have sent it back so that it can be taken up in the High Court,” Thomas told ANI.
He further noted that the division bench of the High Court will now have the opportunity to examine the matter again, ensuring that all sides are heard before a final decision is reached.
FIR Remains Intact
Thomas emphasized that the core of the legal action remains unchanged. He pointed out that the Supreme Court did not make any negative remarks regarding the investigation itself, nor did it find fault with the registration of the FIR.
“The victory is that the FIR which has been registered by the concerned authority has not been cancelled or has not been even found fault with,” he asserted. He clarified that the seven-day stay is merely a window to allow the High Court to provide necessary directions or interference if required.
Adding a sharper tone to his remarks, Thomas alleged that on the merits of the case, it is evident that Pinarayi Vijayan is involved in certain cases.
CPI(M) Slams 'Insult to Federalism'
While the Congress side views the FIR as a victory, the CPI(M) has taken a starkly different view. Party leader K Anilkumar criticized the earlier order from a single judge of the Kerala High Court, arguing that it overstepped constitutional boundaries.
Anilkumar argued that while central agencies are permitted to share information with state agencies, they do not have the authority to dictate the registration of cases.
“As per our constitution, there is a federal system that is to be honoured,” Anilkumar stated. He claimed that the High Court judge erred by suggesting that a case should be registered automatically based on central agency input, describing the move as an “insult to federalism.”
Background of the Case
The controversy centers on the CMRL-Exalogic corruption case, which involves an FIR registered against former Chief Minister Pinarayi Vijayan, his daughter Veena Thaikkandiyil, and his son-in-law Mohammed Riyas. The Supreme Court's one-week stay provides the accused the opportunity to approach the Kerala High Court's division bench to challenge the order that directed the registration of the FIR.