NEW DELHI, October 22 (Aalimi Nation) – The Supreme Court on Wednesday stayed for seven days the investigation in a corruption case registered against former Kerala Chief Minister Pinarayi Vijayan, his daughter Veena T and son-in-law Muhammed Riyaz, and allowed them to challenge the order that led to it before the Kerala High Court.

A bench of Justices Joymalya Bagchi and V. Mohana set aside an October 15 order of the High Court's Division Bench, which had refused the three leave to appeal. The appeal has been restored to the High Court's files. The Supreme Court stayed the investigation by the Vigilance and Anti-Corruption Bureau so that the petitioners can pursue their appeal and seek interim relief.

What the court said

The bench said the petitioners could be aggrieved parties, since the Single Bench had held that material furnished by the Enforcement Directorate (ED) disclosed a cognisable offence against them. Justice Bagchi asked how they could be held to be not aggrieved when the ED's information names them. Justice Mohana observed during the hearing that "leave to appeal could have been granted".

Justice Bagchi also said: "We are not against any investigation." The court made clear that it was expressing no view on the merits of the case, on the interim relief the Division Bench may grant, or on the separate case registered by the ED.

The bench noted that the Single Bench had directed an investigation and a final report, and not only the registration of an FIR. It also pointed to Section 175(4) of the Bharatiya Nagarik Suraksha Sanhita, which requires a public servant's involvement to be considered before a court directs registration of an FIR.

Arguments before the bench

Senior advocate Siddharth Luthra, appearing for Vijayan, described the case as peculiar, arguing that the Single Bench had heard a petition in the nature of a public interest litigation despite not having the roster to do so. Zoheb Hossain, for the ED, supported the FIR and the High Court's direction. He said the agency's probe had uncovered hawala transactions for which a separate case had been registered.

Background

The ED alleges that between 2017 and 2020, a Kerala mineral company made monthly payments totalling Rs 1.72 crore to Exalogic Solutions, a firm linked to Veena T, without any services being rendered. The allegations have not been proved and the petitioners have not been found guilty of any offence.

A Single Bench of the High Court on October 9 directed the registration of an FIR under the Prevention of Corruption Act, holding that once the ED furnished information, a preliminary enquiry was not warranted. The State government had earlier ordered a preliminary enquiry.

What happens next

The Division Bench of the Kerala High Court will now hear the appeal filed by Vijayan, his daughter and son-in-law, and may consider whether interim protection should be granted. The Supreme Court's seven-day stay gives them that window. The outcome before the High Court will determine whether the investigation by the Vigilance and Anti-Corruption Bureau resumes when the stay lapses.