Monthly payment case: HC to reconsider Pinarayi Vijayan's appeal on Saturday

KOCHI: The High Court Division Bench will reconsider the appeal filed by individuals, including Leader of the Opposition Pinarayi Vijayan, on Saturday. The appeal is against a single-bench order to register a case regarding the CMRL–Exalogic transactions.

The Supreme Court had set aside an earlier order by the Division Bench that denied permission to appeal. The Supreme Court's directive to hear the appeal was presented before the High Court on Thursday. The matter will likely be considered by a different Division Bench.

The appeal points out that the single-bench order, issued without hearing their side, constitutes a denial of natural justice. It will be argued that the directive to register a case was based solely on a letter from the ED, and that the witness statements were subsequently retracted. The appeal also highlights that earlier petitions seeking a Vigilance inquiry were dismissed by the High Court—a decision later upheld by the Supreme Court.

Pinarayi Vijayan, daughter T. Veena, her husband and former minister P.A. Mohammad Riyas, native of Kozhikode P. Nikhil, K. Waris, Shaijal, M. Nandulal filed the appeal.

The discussion is on whether to register an FIR or conduct a preliminary inquiry based on information shared by the Enforcement Directorate (ED) under Section 66(2) of the Prevention of Money Laundering Act.

The division bench observed that if the information provided by the ED includes facts that clearly establish wrongdoing, there is no need for a preliminary inquiry. Permission to appeal was denied on the grounds that the accused in corruption cases need not be heard before an FIR is registered.