Did Kerala HC halt ED notice against CM Vijayan in KIIFB Masala Bonds case?
Synopsis
Key Takeaways
- The Kerala High Court has granted a stay on the ED's notices.
- CM Pinarayi Vijayan and others are under scrutiny in the KIIFB Masala Bonds case.
- The case raises questions about financial accountability in infrastructure funding.
- Political implications are significant, with potential ramifications for governance.
- The ED claims violations of the Foreign Exchange Management Act.
Kochi, Dec 18 (NationPress) On Thursday, the Kerala High Court issued a stay on the notices from the Enforcement Directorate (ED) regarding the funds procured through Masala Bonds by the Kerala Infrastructure Investment Fund Board (KIIFB). This ruling provides interim relief to Chief Minister Pinarayi Vijayan, former Finance Minister Thomas Isaac, KIIFB CEO K.M. Abraham, and the KIIFB itself.
This judicial relief was granted just a day after the Chief Minister personally approached the High Court, disputing the ED’s allegations of violations pertaining to the Foreign Exchange Management Act (FEMA) during the overseas fundraising.
With CM Vijayan now involved in the legal proceedings as an individual, the situation has escalated into a significant legal and political struggle with major financial consequences for the state.
The court has stayed all further actions, scheduling a detailed hearing for the upcoming year.
This interim ruling secures protection not only for the Chief Minister but also for Isaac, Abraham, and the KIIFB, all of whom had recently received notices from the central agency.
In his petition, Vijayan firmly denies any violation of FEMA regulations and requests the annulment of the notices directed at him and the KIIFB.
His appeal claims that the ED’s actions are politically driven.
The state government and KIIFB have consistently asserted that the Masala Bonds were raised and utilized in strict accordance with existing laws and regulatory standards.
The legal battle intensified earlier this week when the ED appealed to a division bench of the High Court against a single bench ruling that had previously stayed further actions against the KIIFB.
Justice V.G. Arun, upon accepting KIIFB’s writ petition on Tuesday, granted a three-month stay on the ED’s show-cause notice, noting that the issues raised deserved comprehensive judicial examination.
The ED contends that the single bench surpassed its jurisdiction in granting the stay and is seeking its annulment.
The agency claims that significant irregularities were found in how the funds were used.
Out of the ₹2,672 crore raised via Masala Bonds, ₹467 crore was allegedly spent on land acquisition, which the ED argues constitutes a breach of FEMA regulations and a diversion from the intended purpose of the borrowing.
However, the KIIFB has countered that land acquisition is a fundamental aspect of infrastructure development projects, asserting that the funds were allocated strictly for developmental purposes.
CM Vijayan’s petition further emphasizes that all Reserve Bank of India guidelines governing foreign borrowings were followed, confirming that no foreign exchange regulations were violated at any point.