Kerala HC denies stay on vigilance FIR order against Pinarayi Vijayan in CMRL case
Synopsis
Key Takeaways
Former Kerala Chief Minister and CPI(M) veteran Pinarayi Vijayan, along with co-appellants including his daughter Veena Thaikkandiyil and son-in-law Mohammed Riyas, a former minister, failed on Tuesday, 13 October 2026 to secure interim relief from the Kerala High Court against a single judge's order directing the registration of a vigilance FIR in the CMRL-Exalogic alleged pay-off case. The court's refusal leaves the earlier direction in force, marking a significant legal setback for the former chief minister.
What the Division Bench Decided
A division bench of Justice K. Natarajan and Justice Johnson John declined to stay the 9 October single-judge order while reserving its verdict on whether the appellants could challenge the ruling at all. The single judge had directed the Vigilance and Anti-Corruption Bureau (VACB) to register an FIR incorporating offences under the Prevention of Corruption Act against Vijayan, his family members, and others. Additionally, the single judge had quashed the state government's decision to constitute a Special Investigation Team (SIT) to conduct a preliminary inquiry into information supplied by the Enforcement Directorate (ED).
Arguments Raised by the Appellants
Senior advocates K. Gopalakrishna Kurup, S. Sreekumar, and T.A. Shaji, appearing for the appellants, raised procedural objections, arguing that they were not heard before the single judge passed a direction directly affecting them. They also sought the court's permission to appeal, noting they were not parties to the original writ petition filed by advocate K.M. Shajahan. The appellants questioned the maintainability of Shajahan's petition, contending it should have been treated as a public interest litigation and placed before a division bench. They further defended the state's approach of conducting a preliminary inquiry before registering an FIR, arguing authorities were entitled to ascertain whether a cognisable offence had been committed.
State and ED Positions
Advocate General K. Jaju Babu backed the state's stance, maintaining that a preliminary inquiry was permissible when there was genuine doubt over the commission of a cognisable offence. Additional Solicitor General P. Sreekumar, appearing for the ED, countered that an accused person had no right to be heard at the stage of deciding whether to register an FIR. Petitioner Shajahan argued he was entitled to seek action over alleged corruption involving public money, noting that offences under the Prevention of Corruption Act carry a public interest dimension.
The CMRL-Exalogic Allegations
The case centres on alleged irregularities in financial transactions between Cochin Minerals and Rutile Limited (CMRL) and Exalogic Solutions Pvt Ltd, a company reportedly founded by Veena Thaikkandiyil. The ED had shared information about these transactions with state authorities, triggering the chain of legal proceedings. This comes amid broader scrutiny of alleged financial dealings involving the former chief minister's family, a matter that has been politically contentious in Kerala for several months.
What Happens Next
The division bench is yet to decide whether the appellants can formally pursue their appeals, with that ruling now awaited. Until further orders, the single judge's direction to register a VACB FIR remains operative. The case is expected to face further legal challenges, and the High Court's final stance on the appellants' right to appeal will be closely watched across Kerala's political and legal circles.