Kerala HC setback for Vijayan; BJP demands resignation as LoP

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The Kerala High Court's rejection of petitions seeking permission to appeal against a Single Bench order in the CMRL–Exalogic Masappadi case has dealt a major setback to Pinarayi Vijayan, with BJP state vice-president Shone George demanding his immediate resignation as Leader of the Opposition. 

George said the Division Bench's decision had effectively rejected the argument raised by the CPI-M that Vijayan and the other petitioners had not been heard before the Single Bench ordered a Vigilance probe and registration of an FIR into the controversial financial transactions between CMRL and Exalogic, a company linked to Vijayan's daughter T. Veena.

“What happened over the past two days was that the CPI-M's narrative was that the accused had not been heard. On Thursday, it was the Division Bench that delivered the final order,” George said.

He demanded that the Left Democratic Front convene an immediate meeting and ask Vijayan to step down as Leader of the Opposition.

“Vijayan has no moral right to continue as Leader of the Opposition. The LDF must meet immediately and ensure that he quits,” George said.

The BJP leader also targeted the V.D. Satheesan government, describing the court decision as a setback for the state government, which had supported the petitioners' arguments against the Single Bench order.

“This is also a setback for the V.D. Satheesan government, which did its bit to rescue Vijayan. That effort has fallen flat. This was an ugly act by the Satheesan government,” he said.

The state government had argued in favour of the petitioners, who maintained that the Single Bench had passed its order without hearing their side.

The Enforcement Directorate, however, strongly opposed granting permission to appeal.

The Division Bench refused permission to Vijayan and the other petitioners to appeal against the Single Bench order.

The original order directed the Vigilance and Anti-Corruption Bureau to register an FIR and investigate the CMRL-Exalogic transactions under the Prevention of Corruption Act.

George also questioned the Vigilance's handling of the case, asking why the agency had registered two FIRs but had not summoned anyone for questioning.

George, who first raised the issue that developed into the Masappadi controversy (CMRL-Exalogic), said the court's decision had strengthened questions about the handling of the case.

The verdict is likely to intensify the political confrontation between the BJP and the CPI-M over the allegations.

The BJP has now turned the court setback into a demand for Vijayan to relinquish the Opposition leader's post, while the legal proceedings and investigations into the financial transactions continue.

The ED on Wednesday had registered two Enforcement Case Information Report, which is the equivalent of the FIR of the VACB.

So now all eyes are on the VACB and the ED on if they will now send notices to the accused including Vijayan, Veena, her husband and CPI-M MLA P.A. Mohammed Riyas and others to appear for questioning and if it happens then this would be only the second time in the history of Kerala that a former Chief Minister comes under the radar of the VACB.

K. Karunakaran was the previous one who was named in an FIR by the VACB.

Meanwhile the legal brains of Vijayan are charting out their next course of action and among the key consideration is the bid to approach the Supreme Court with a Special Leave Petition against Thursday’s orders.

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