Pinarayi Vijayan Challenges Order to Register Masappadi Case
Former CM Pinarayi Vijayan files 4 appeals in Kerala HC against the order to register a case in the controversial Masappadi corruption matter.
In a major legal escalation, former Kerala Chief Minister Pinarayi Vijayan has moved the Kerala High Court to challenge a recent verdict that directed the registration of a case against him. On Monday, Vijayan submitted four sets of appeals to a Division Bench of the High Court, contesting the decision involving the controversial Masappadi case.
The legal battle stems from a court directive to register a case against Vijayan and former Public Works Department Minister PA Mohammed Riyas. This order followed a plea seeking a deep-dive investigation into allegations of illegal monetary transactions involving a private mining firm and several high-profile political figures.
Arguments Against the High Court Verdict
The appeals filed by Vijayan raise several critical legal objections regarding the procedure followed by the court. The primary contentions include:
- Lack of Notice: The appeal argues that the court issued the directive without issuing a formal notice to or hearing the accused parties.
- Jurisdictional Overreach: It is claimed that the mandate issued by the court overrides the established jurisdiction of the executive.
- Conflict with Supreme Court Directions: The appeal asserts that the current verdict, which cancels a preliminary enquiry, runs contrary to previous directions from the Supreme Court regarding such enquiries.
Vijayan has also requested permission to petition the Supreme Court regarding this matter. The High Court Division Bench is scheduled to hear these appeals on Tuesday morning.
The Core of the Allegations
The legal complications involve two distinct but interconnected investigations. In the Masappadi case, Pinarayi Vijayan is named as the primary accused, with charges registered under the Prevention of Corruption Act. Meanwhile, PA Mohammed Riyas is the lead accused in a separate money laundering investigation involving alleged hawala transactions.
The investigations were triggered by a report submitted by the Enforcement Directorate (ED), leading the High Court to direct the Vigilance Department to initiate proceedings. Additionally, Vijayan's daughter, T Veena, has been named as an accused in both matters. One of these involves the CMRL-Exalogic case, which focuses on transactions between CMRL and Exalogic Solutions, a company linked to Veena.
LDF Labels Move a 'Conspiracy'
The Left Democratic Front (LDF) has reacted strongly to the legal developments. LDF Convenor TP Ramakrishnan dismissed the proceedings as a calculated conspiracy aimed at targeting the former Chief Minister.
Speaking to reporters, Ramakrishnan stated that the attempt to revive issues already rejected by society is baseless. He emphasized that the party would fight the matter on both legal and political fronts.
"The attempt to target Pinarayi Vijayan did not begin today. There is an effort to revive an issue that society has already rejected, with allegations being levelled against him without any basis. The party will not be intimidated by this conspiracy," said TP Ramakrishnan.
Ramakrishnan further questioned the motives behind recent actions, asking why the former Chief Minister's residence had been raided if he was not being targeted. The LDF has vowed to examine the nature of the case to determine their next course of action.
Legal Framework of the FIR
The FIRs registered in connection with these allegations include several serious sections, such as:
- Prevention of Corruption Act: Sections 13(2), 13(1)(d), and provisions from the 2018 Amendment.
- Indian Penal Code (IPC): Sections 12, 13(1)(b), 13(2), and 120-B (criminal conspiracy).