Did CM Vijayan Challenge ED Notice in KIIFB Masala Bond Case?
Synopsis
Key Takeaways
- Chief Minister Vijayan contests ED's allegations.
- Legal battle with financial implications for Kerala.
- ED claims irregularities in fund usage.
- KIIFB insists on compliance with all regulations.
- Political motivations are alleged in legal actions.
Kochi, Dec 17 (NationPress) Chief Minister Pinarayi Vijayan has approached the Kerala High Court on Wednesday, contesting the Enforcement Directorate’s (ED) show-cause notice that alleges breaches of the Foreign Exchange Management Act (FEMA) concerning funds raised via Masala Bonds by the Kerala Infrastructure Investment Fund Board (KIIFB).
Recently, the ED issued notices to Vijayan, former Finance Minister Thomas Isaac, KIIFB CEO Dr K.M. Abraham, and the KIIFB itself.
This legal action by the Chief Minister heightens the ongoing controversy, transforming it into a significant political and legal conflict with far-reaching financial consequences for the state.
In his legal petition, Vijayan has refuted any wrongdoing under FEMA and is seeking to annul the notices directed at him and the KIIFB.
The petition claims that the ED's actions are driven by political motivations aimed at gaining electoral leverage.
Both the state government and KIIFB have firmly asserted that the fundraising conducted abroad adhered strictly to all applicable laws and regulations.
The dispute escalated further on Wednesday when the ED appealed to a division bench of the High Court, contesting a prior single bench ruling that had put a hold on further proceedings against the KIIFB.
Judge V.G. Arun had, on Tuesday, accepted KIIFB’s writ petition and temporarily stayed the ED's show-cause notice for three months, noting that the issues necessitated thorough scrutiny.
The ED has argued that the single bench overstepped its authority in granting the stay and is seeking its reversal.
According to the ED, serious discrepancies were found in the use of funds raised via Masala Bonds. Out of the Rs 2,672 crore mobilized, Rs 467 crore was reportedly allocated for land purchases, which the agency claims violates FEMA regulations.
The ED contends that the funds' utilization diverged from the declared purpose for which the overseas capital was raised, warranting regulatory intervention.
Conversely, the KIIFB insists that the funds were exclusively used for development and infrastructure initiatives, with land acquisition being a vital component of these projects.
The Chief Minister's petition emphasizes that all Reserve Bank of India guidelines regarding foreign borrowing were followed meticulously, and there was no infringement of foreign exchange regulations at any point.
The Division Bench is anticipated to consider the ED's appeal on Thursday and decide whether to uphold the interim stay. Vijayan’s request is also likely to be addressed on the same day.