Kerala High Court reserves ruling on plea for FIR in CMRL case

The Kerala High Court has reserved its verdict on a petition seeking registration of an FIR and a State Police investigation into an alleged predicate offence linked to the CMRL-Exalogic case. Justice A. Badharudeen considered information sent by the Enforcement Directorate to the State Police Chief.

The petition seeks action involving Opposition Leader Pinarayi Vijayan, his daughter T. Veena and her husband, P.A. Mohamed Riyas.

The court observed that the need for a preliminary inquiry before registering an FIR would have to be assessed on a case-by-case basis. It also said that information supplied by the ED under the Prevention of Corruption Act could serve as a substitute for such an inquiry. The court questioned why the ED had not challenged the State police’s failure to register an FIR.

It also asked whether the case diary was the only evidence submitted and whether witness statements had been provided. The ED said the statements could be produced if required. The agency previously told the court that, during its investigation under the Prevention of Money Laundering Act into alleged offences involving Veena and her now-defunct company, Exalogic, it received information about an offence falling under the State police’s jurisdiction.

It subsequently forwarded that information to the State Police Chief. Kerala Home Minister Ramesh Chennithala had said an FIR could not be registered solely on the basis of the ED’s proposal. He said the State was not opposed to an FIR but would first conduct a preliminary inquiry on the Advocate General’s advice because some matters required clarification.

Lawyer K.M. Shajahan, the petitioner, had approached the State Police Chief and the Director of Vigilance seeking investigation into allegations including disproportionate assets, intentional enrichment and money laundering. The supplied material records allegations and procedural arguments, not a finding of wrongdoing by the named individuals.