SC Refuses Urgent Hearing for Pinarayi Vijayan in CMRL-Exalogic Probe
The Supreme Court declined an urgent plea by Pinarayi Vijayan to stay vigilance proceedings in the Rs 2.78-crore CMRL-Exalogic corruption case.
The Supreme Court has declined to grant an urgent hearing to a plea filed by former Kerala Chief Minister Pinarayi Vijayan. Vijayan had approached the apex court seeking a stay on vigilance proceedings in the CMRL-Exalogic case, expressing deep concerns over the possibility of his imminent arrest.
Fear of Arrest and Plea for Liberty
Appearing for the 82-year-old leader, senior advocate Siddharth Luthra emphasized the urgency of the matter before a bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi. Luthra argued that the case was fundamentally a matter of personal liberty, stressing that an elderly man was facing the threat of arrest or other coercive actions.
The petition challenged a previous order from the Kerala High Court, which had directed the registration of a First Information Report (FIR). Luthra contended that the High Court's order was passed by a single judge in proceedings that mirrored a public interest litigation rather than a standard legal process.
The Court's Stance and Timeline
While the Supreme Court did not grant the urgent request, the Chief Justice of India indicated that the court might explore the possibility of forming a special bench during the upcoming Dussehra vacation, depending on the availability of judges. If a vacation bench is not constituted, the matter is scheduled to be listed on October 26, following the court's recess.
The Core of the CMRL-Exalogic Controversy
The legal battle stems from allegations of corruption and conspiracy involving Cochin Minerals and Rutile Limited (CMRL) and Exalogic Solutions, a now-defunct firm previously managed by Pinarayi Vijayan's daughter, Veena T.
The Vigilance and Anti-Corruption Bureau (VACB) has alleged that CMRL improperly transferred Rs 2.78 crore to Exalogic Solutions. These payments were reportedly disguised as fees for IT consultancy services, leading to accusations of a payoff.
The Road to the Supreme Court
The current situation follows a series of legal setbacks for the former Chief Minister:
- ED Involvement: On October 9, a single-judge bench of the High Court ordered the VACB to register a criminal case based on a report and evidence collected by the Enforcement Directorate (ED) during its probe under the Prevention of Money Laundering Act.
- High Court Refusal: On Thursday, a division bench of the Kerala High Court refused to intervene in the direction to register FIRs against Pinarayi Vijayan, his daughter Veena T, and his son-in-law, former minister PA Mohamed Riyas.
- Legal Precedent: The division bench dismissed their appeals, stating that an accused individual in a corruption case does not have the legal right to be heard before an FIR is officially registered, though they noted that other constitutional remedies remain available.