Thiruvananthapuram, Sep 10
The Kerala government has decided to proceed cautiously on the Enforcement Directorate’s (ED) demand for a corruption case against former Chief Minister Pinarayi Vijayan and others in the CMRL-Exalogic case, with a Vigilance quick verification likely before any FIR is registered.
The move comes amid legal concerns over whether an FIR can be registered solely on the basis of the ED’s letter to the State Police Chief.
The government is currently engaged in elaborate legal discussions and expects a formal legal opinion before taking a final decision.
The ED has sought action under the Prevention of Corruption Act against Vijayan and others based on its findings in the CMRL-Exalogic financial transactions.
The agency has handed over a 25-page report, along with supporting documents, to State Police chief Ravada A. Chandrasekhar.
The government’s present thinking is that a preliminary verification by the Vigilance would establish whether the allegations in the ED report have sufficient factual and evidentiary basis. Only thereafter would the question of registering an FIR be considered.
Legal circles have pointed out that there is no legal bar to registering an FIR if the material discloses a cognisable offence.
However, the government is wary of the possibility of the move being challenged in court if an FIR is registered without an independent preliminary verification.
A major issue is the evidentiary value of statements recorded by the ED under the Prevention of Money Laundering Act.
The present ED recommendation is understood to rely significantly on the statement of P. Suresh Kumar, Chief Financial Officer of CMRL and an accused in the ED case.
While statements recorded under the PMLA have evidentiary value in proceedings under that law, questions remain over whether the statement of an accused can by itself form the basis of a Vigilance case under the Prevention of Corruption Act.
Independent corroborative evidence could therefore become crucial.
The ED has also relied on the findings of the Interim Settlement Board in the CMRL-Exalogic matter.
The Board has found that CMRL made payments to Exalogic Solutions, owned by T. Veena, on the consideration that she was the daughter of then Chief Minister Pinarayi Vijayan.
The fact that the Board’s findings have not so far been legally overturned is being viewed by legal experts as significant.
CMRL top brass Sasidharan Kartha and others involved in the alleged payments could also come within the scope of any future Vigilance investigation.
The government is also mindful of the Kerala High Court’s earlier dismissal of Congress leader Mathew Kuzhalnadan’s plea seeking a Vigilance investigation into the CMRL-Exalogic transactions.
The CPI(M) is preparing to challenge the ED allegations both politically and legally.
The final decision on an FIR is expected after the government receives the Advocate General’s legal opinion.
Meanwhile, the ED, according to sources, has sent notices to the officials of CMRL to appear before it on Monday.
