CMRL-Exalogic case: Vijayan moves Kerala HC to block further action of ED, Vigilance

Thiruvananthapuram, Oct 22
Former Kerala Chief Minister Pinarayi Vijayan has moved an appeal in the Kerala High Court against the Vigilance probe into the CMRL-Exalogic monthly payment case, besides seeking to prevent further action by the Enforcement Directorate (ED).

Vijayan has submitted the Supreme Court order staying the Vigilance investigation before the High Court and is making arrangements to bring his appeal before the Division Bench as early as Saturday.

The petition he had earlier filed against the Single Bench order is expected to be assigned a fresh number and placed before the Division Bench.

The legal strategy also includes the possibility of filing a separate writ petition to restrain the ED from proceeding with further action until the appeal is decided.

If the agency issues fresh summons or initiates other proceedings, Vijayan, his son-in-law and CPI(M) leader Mohammed Riyas, and his daughter T. Veena are likely to consider approaching the High Court.

Vijayan is not likely to appear before the ED on Friday, according to the report.

His legal team is preparing to deploy senior advocates to argue the appeal, banking on observations in the Supreme Court order that, in their assessment, leave room for the challenge before the High Court.

The Division Bench will be asked to halt all further proceedings in the case, including the ED investigation, pending a decision on the appeal.

The immediate legal battle is thus likely to centre on whether the High Court should intervene to prevent the agency from taking further steps while the appeal remains pending.

The ED, however, maintains that the Supreme Court order has not barred it from continuing its investigation.

The agency's assessment is that the apex court has not invalidated the ED's communication of information under Section 66(2) of the Prevention of Money Laundering Act (PMLA) against Pinarayi.

It also maintains that the evidence remains available and that the legal validity of the Enforcement Case Information Report (ECIR) has not been questioned.

The case's progress was reviewed on Thursday at the ED's Kochi office under the supervision of the Special Director.

The agency is preparing to strongly oppose Vijayan's appeal before the High Court.

The coming hearing could therefore determine whether the ED can continue its proceedings unhindered or whether further action will be held in abeyance pending the High Court's decision.