The Kerala High Court has directed the state authorities to register a formal first information report (FIR) and commence an investigation under the Prevention of Corruption Act against former Chief Minister and Leader of Opposition in the Legislative Assembly Pinarayi Vijayan, his daughter T. Veena, and her husband, MLA and former minister P.A. Mohamed Riyas. The order is based on evidence and findings shared by the Enforcement Directorate (ED) regarding financial transactions between Cochin Minerals and Rutile Limited (CMRL) and Exalogic Solutions Private Limited.
Challenge Against Preliminary Inquiry Route
Justice A. Badharudeen issued the directive while hearing a petition moved by advocate K.M. Shajahan. The petitioner had approached the court challenging the state police's decision to conduct only a preliminary inquiry rather than registering a regular criminal case based on the detailed report shared by the central agency. Shajahan argued before the bench that the material unearthed during the central agency's probe clearly pointed toward probable offenses punishable under the Prevention of Corruption Act, 1988, and the Prevention of Money Laundering Act (PMLA).
The plea specifically urged the court to transfer the entire investigation to the Vigilance and Anti-Corruption Bureau (VACB). Furthermore, the petitioner sought explicit directions compelling the state police chief and the vigilance director to act decisively on formal complaints submitted on September 22.
State Government's Defense and SIT Formation
Appearing on behalf of the state administration, Advocate General Jaju Babu raised preliminary objections regarding the maintainability of the petition. Babu contended that the receipt of information from a central agency does not curtail the state agency's legal prerogative to independently examine the supplied material and determine whether it discloses a cognizable offense warranting an immediate FIR.
Instead of registering a criminal case straight away, the state government had previously constituted a Special Investigation Team (SIT) headed by Additional Director General of Police (Crime Branch) H. Venkatesh to carry out a preliminary inquiry. However, the High Court declined to endorse this interim mechanism, instructing that a regular case be registered to investigate the allegations under corruption laws.
Allegations of Rs 3.28 Crore Non-Service Payments
The substantive controversy revolves around financial dealings between Kochi-based mineral-processing firm Cochin Minerals and Rutile Limited (CMRL) and Exalogic Solutions Private Limited, an enterprise owned by Veena Vijayan. Investigative findings indicate that CMRL transferred approximately Rs 3.28 crore to Veena's firm without receiving any tangible professional services in return.
The investigative agency flagged these transactions as potentially part of an illicit bribery arrangement, pressing for a dedicated corruption inquiry. Exercising powers under Section 66(2) of the Prevention of Money Laundering Act, the agency forwarded the collected records, documentation, and specific allegations concerning Pinarayi Vijayan, T. Veena, and P.A. Mohamed Riyas to the state police chief, demanding a comprehensive probe under the Prevention of Corruption Act and other relevant statutory provisions.
