Thiruvananthapuram, Sep 22 (PTI) The Keralam government on Tuesday ordered a police inquiry based on an ED report into an alleged money laundering matter involving former Chief Minister Pinarayi Vijayan and his family, drawing fierce criticism from the CPI(M), which accused the UDF of aligning with the BJP-led Centre to target political rivals.
State Home Minister Ramesh Chennithala announced that an inquiry based on an Enforcement Directorate report against Vijayan, his daughter Veena T, who is currently facing an ED probe into the CMRL bribe case, her husband P A Mohamed Riyas and others had been entrusted to the Director General of Police.
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, who had left it to the state police to decide the further course of action on the ED report.
Earlier, the ED, probing the CMRL bribe case, had sent a letter to State Police Chief Ravada A Chandrasekhar seeking registration of an FIR under the Prevention of Corruption Act against Vijayan, Veena and Riyas, based on “evidence” allegedly gathered during its probe and searches conducted at the former CM’s rented residence here under the Prevention of Money Laundering Act.
The central agency has claimed that it has statements from some accused alleging that the 81-year-old Leader of Opposition received a bribe from CMRL during his tenure as chief minister through his daughter, and that Riyas subsequently transferred the funds to Dubai.
The ED has named a total of 13 entities as accused, including Vijayan’s family members, Veena’s now-defunct IT company Exalogic Solutions, CMRL promoter S M Sasidharan Kartha, former CMRL CFO P Suresh Kumar, a company named Empower India Capital Investments, and some other individuals and unknown others.
Speaking to reporters here, Chennithala said he discussed the matter with Chief Minister V D Satheesan on Tuesday, and a decision was taken to order an inquiry.
He 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.
The Home minister 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.
“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 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.
The CPI(M) criticised the UDF government for ordering the police inquiry based on the ED report involving Vijayan, Veena and Riyas.
Party general secretary M A Baby said the CPI(M) would face the matter “legally and politically”.
“This has to be faced legally and politically. There have been many instances of the Enforcement Directorate being used to achieve the BJP’s political objectives,” Baby told reporters in New Delhi.
He said there had been several instances of central agencies being used to target Opposition parties and threaten their leaders, following which some of them were brought into the BJP.
The CPI(M) leader said the Congress leadership at the national level had been opposing the use of central agencies against itself and other Opposition leaders.
“But in Keralam, a strange situation has emerged where the state government appears to be joining hands with the (Narendra) Modi-led government in targeting the CPI(M),” he alleged.
CPI(M) state secretary M V Govindan echoed Baby’s views and alleged that the UDF government in Keralam was acting as the “B-team of the Sangh Parivar”.
He alleged that there was a “special alliance” between Modi, the Enforcement Directorate and the CM in Keralam.
Riyas said he had not committed any wrongdoing and would move forward with confidence.
BJP leader V Muraleedharan alleged that the Crime Branch inquiry into the case was part of a UDF-LDF settlement.
He said the investigation should have been entrusted to the Vigilance Department in a case that should be investigated under the Prevention of Corruption Act.
He questioned what preliminary inquiry was required when the Income Tax Department, Serious Fraud Investigation Office, and ED had already conducted investigations and established the facts.
Muraleedharan alleged that the move behind the present investigation was to protect Pinarayi Vijayan and demanded that the UDF government hand over the investigation to the CBI if it was sincere. PTI TGB LGK TGB SSK
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