Kerala minister says ED proposal alone cannot trigger FIR in payoff case

Kerala Home Minister Ramesh Chennithala has said a First Information Report cannot be registered solely on the basis of a proposal from the Enforcement Directorate in the CMRL-Exalogic payoff case. The statement concerns Opposition leader and Communist Party of India (Marxist) Polit Bureau member Pinarayi Vijayan, his daughter T. Veena and her husband, CPI(M) state secretariat member P.A.

Mohamed Riyas. The minister said the government had not rejected the possibility of registering an FIR but had chosen to conduct a preliminary inquiry first. Chennithala told media representatives in Kozhikode on Sunday that the state government had ordered the preliminary inquiry after receiving legal advice.

He said there was a lack of clarity on certain issues and that the inquiry would help address those questions. “The government is not opposed to registering an FIR in the case,” Chennithala said, according to the source material. He added that the decision to begin with a preliminary inquiry was based on advice from the Advocate General.

The minister also said the government had presented its position before the High Court, where proceedings concerning the case were continuing. The source material does not provide details of the allegations underlying the CMRL-Exalogic matter or the contents of the Enforcement Directorate’s proposal. It also does not say when the preliminary inquiry will conclude.

The immediate consequence of the government’s position is that no FIR will be filed solely on the ED proposal while the preliminary examination is under way. Any further police action will depend on the findings of that inquiry and the legal assessment of the matter. Chennithala’s comments set out the state’s procedural position without ruling out a future case.

The government has said it is examining the issue before deciding whether the available material is sufficient for formal registration of an FIR.