Thiruvananthapuram:
The Supreme Court has granted a seven-day interim relief to former Kerala Chief Minister and current Leader of the Opposition Pinarayi Vijayan, his daughter T Veena and son-in-law, former Minister PA Mohamed Riyas, in the Rs 278 crore CMRL-Exalogic payoff case.
A bench comprising Justices Joymalya Bagchi and V Mohana set aside the Kerala High Court Division Bench's October 15 order, which had refused the three petitioners permission to challenge a single Judge's direction to register an FIR against them.
The Supreme Court also stayed the investigation into the FIR for seven days, providing temporary protection to the petitioners.
However, the court clarified that the FIR would remain intact and that the Kerala High Court was free to independently consider the appeal and decide whether any further interim relief should be granted.
The Supreme Court also made it clear that it had not expressed any opinion on the merits of the allegations in the FIR or the validity of the subsequent Enforcement Case Information Report (ECIR) registered by the Enforcement Directorate.
During the proceedings, the court questioned the procedure followed in registering the FIR and observed that a preliminary inquiry should have been conducted. It also raised questions over the absence of the required approval under the Prevention of Corruption Act.
CPI(M) Calls It A Setback For 'ED-VD'
Reacting to the Supreme Court's intervention, former Kerala Law Minister and CPI(M) leader P Rajeev described the interim relief as a setback for what he called the "ED-VD" combination, referring to the Enforcement Directorate and Chief Minister VD Satheeshan.
Rajeev alleged that the case against Pinarayi Vijayan and his family was part of a politically motivated witch hunt.
He argued that every citizen has the legal right to challenge an FIR and seek relief from the courts. However, in this case, he claimed that the Kerala High Court had denied the petitioners a proper opportunity to be heard and seek legal remedies against the FIR.
According to Rajeev, the Supreme Court's intervention was primarily aimed at correcting this procedural issue rather than examining the allegations themselves.
He maintained that the top court had essentially set aside the High Court's refusal to entertain the challenge, ensuring that the petitioners would have an opportunity to present their case and seek appropriate relief.
The former Law Minister said the decision vindicated the CPI(M)'s position that the proceedings against its leaders were politically motivated.
BJP Says No Clean Chit For Pinarayi Vijayan
Meanwhile, BJP National Secretary K Surendran rejected suggestions that the Supreme Court's intervention amounted to a major legal victory for Pinarayi Vijayan.
In a Facebook post, Surendran said the court had not granted any special favour to the former Chief Minister or the other accused.
He pointed out that none of the FIRs had been quashed and that the court had only provided the petitioners an opportunity to present their arguments.
Surendran also highlighted the Supreme Court's questioning of the state government's failure to register an FIR, claiming that the observations strengthened allegations that the government had attempted to derail the case.
He maintained that the law must take its own course and that those responsible for any wrongdoing must face legal consequences.
Taking a swipe at both the CPI(M) and the Congress, Surendran said the Supreme Court's decision gave neither the CPI(M) a reason to celebrate nor the Congress any reason for quiet satisfaction.
Political Row Over State Government's Stand
The Supreme Court's intervention comes amid differences within the Congress over the state government's earlier position before the Kerala High Court.
The state government had supported conducting a preliminary inquiry, while the High Court Single Judge had directed the registration of an FIR.
Some Congress leaders had questioned the government's stand, alleging that it effectively favoured Pinarayi Vijayan.
The Supreme Court's observations on the need for a preliminary inquiry have now added another dimension to the political debate.
While the CPI(M) has portrayed the interim relief as a setback to its political opponents, the BJP maintains that the court has not cleared the accused of any wrongdoing.
With the FIR remaining in force and the High Court free to decide the appeal and any request for further interim protection, the legal proceedings in the CMRL-Exalogic case are set to continue.
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