The Supreme Court on Friday declined an urgent hearing on Pinarayi Vijayan's plea against an FIR order. His lawyer said, "All I am saying is, let him be protected, because that is my concern." The court may hear the matter on October 26 if no bench forms during the Dussehra vacations.
The Supreme Court on Friday declined an urgent hearing to former Kerala chief minister Pinarayi Vijayan's plea challenging a Kerala High Court order directing that an FIR be registered against him in the Cochin Minerals and Rutile Ltd (CMRL)-Exalogic case.
A bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi said that it would consider constituting a bench during the Dussehra vacations and, if that is not possible, take the matter up when the court reopens on October 26.
Appearing for Vijayan, senior advocate Siddharth Luthra urged the bench to take it up today, citing the risk of arrest. "The threat is because now the FIR is registered. All I am saying is, let him be protected, because that is my concern. Otherwise, an 82-year-old gentleman will be put in custody," Luthra told the bench.
He contended that the single bench that passed the order in a writ petition in the nature of a public interest litigation (PIL) did not have the roster for PILs. The senior counsel added that the high court gave the direction without hearing the accused, and had also refused to grant leave to appeal.
Besides Vijayan, his daughter and co-accused, Veena T, and son-in-law Muhammed Riyas, have also approached the Supreme Court.
When Kerala High Court directed FIR be lodged
On October 9, a single-judge bench of the Kerala High Court directed the state Vigilance and Anti-Corruption Bureau to register an FIR against Vijayan, Veena, Riyas, and others over alleged illegal payments to Veena's IT firm.
The development came after the Enforcement Directorate, which is probing allegations that Veena's firm, Exalogic Solutions, received illegal payments from Kochi-based CMRL when the CPI(M) was in power, recommended last month that the state police register an FIR against Vijayan and others under the Prevention of Corruption Act. A former minister, Riyas, is a member of the CPI(M) state secretariat.
Instead of registering an FIR, the Congress-led Keralam government ordered a preliminary inquiry by the state Crime Branch, with a decision on registration to be taken after the inquiry. Challenging this decision, K M Shajahan, a former additional private secretary to former chief minister V S Achuthanandan, approached the high court. The ED also joined the proceedings.
After hearing all parties, including the state government, Justice A Badharudeen allowed the petition and directed that an FIR be registered.
On Thursday, a division bench of the high court dismissed the plea of Vijayan and others seeking permission to appeal against the October 9 order.