Keralam Govt Orders Police Inquiry into ED Report Against Ex-CM Vijayan
Home Minister Ramesh Chennithala said the state government has decided to entrust the Director General of Police (DGP) with an inquiry into the Enforcement Directorate's report
Thiruvananthapuram: The Congress-led UDF government in Keralam on Tuesday ordered a police inquiry based on the ED's report seeking action against former Chief Minister Pinarayi Vijayan, his daughter Veena T and her husband P A Mohamed Riyas in the alleged CMRL bribery case.
Home Minister Ramesh Chennithala said the state government has decided to entrust the Director General of Police (DGP) with an inquiry into the Enforcement Directorate's report.
Sources said the inquiry would be conducted by the Crime Branch wing of the state police without registering an FIR.
The decision came after the government examined the legal opinion of the Advocate General (AG), who had left it to the state police to decide the further course of action on the ED report.
The ED had sent a letter to State Police Chief Ravada A Chandrasekhar seeking registration of an FIR under the Prevention of Corruption Act against Vijayan, currently Leader of Opposition,
Veena and Riyas, based on "evidence" allegedly gathered during its probe and searches conducted under the Prevention of Money Laundering Act (PMLA).
Chennithala said the AG's letter had been received by the DGP, who forwarded it to the Home Secretary. The Home Secretary then placed it before the government seeking directions on further action.
"I had sent the letter to the Advocate General for a proper legal opinion. The AG's legal opinion was received two days ago," Chennithala said.
He said he discussed the matter with chief minister V D Satheesan on Tuesday and a decision was taken to order an inquiry.
"Based on that legal opinion, a discussion was held with the chief minister this morning. Following the discussion, an order assigning the DGP to conduct an inquiry into the matter will be issued within minutes," the minister added.
Chennithala said the legal opinion was based on two Supreme Court judgments dealing with the obligation of law enforcement agencies to act on information received and the circumstances in which a preliminary inquiry could be conducted before registration of an FIR.
"Under Section 66(2) (of the PMLA, 2002), when information is received by a law enforcement agency, it is legally the agency's responsibility to act on it. It was on the basis of this responsibility that the letter was given to the DGP," he said.
He also referred to the Supreme Court's Lalita Kumari judgment, saying a preliminary inquiry could be conducted in certain categories of cases, including corruption cases, where the information received did not clearly disclose a cognisable offence.
"The Lalita Kumari judgment specifically says that where a cognisable offence is not clearly disclosed, a preliminary inquiry can be conducted to determine whether a cognisable offence is revealed," Chennithala said.
"All these aspects are covered in the legal opinion. It was on the basis of that opinion, and after discussing the matter with the chief minister this morning, that the decision was taken to entrust the DGP with an inquiry," he added.
The DGP will decide the further course of the inquiry, Chennithala said.
The ED has alleged that Cochin Minerals and Rutile Ltd (CMRL) made fraudulent payments of Rs 2.78 crore to Veena's now-defunct company, Exalogic Solutions, under the guise of "IT consultancy services".
The federal agency had searched premises linked to Veena, who was then living with Vijayan at a rented accommodation in Thiruvananthapuram, in June and subsequently questioned her.
