ED report of serious nature; Vigilance likely to file case against Pinarayi Vijayan

THIRUVANANTHAPURAM: A move is ongoing to file a case against Pinarayi Vijayan, considering the Enforcement Directorate report submitted to the police chief as evidence. In the report, it states that Pinarayi Vijayan took a bribe of Rs 3.28 crore from CMRL in Kochi. Home Secretary Minhaj Alam has sought the advice of the Advocate General to skip the preliminary investigation and file a case. A report will be submitted to the Home Minister along with legal advice.

Home Minister Ramesh Chennithala said that the DGP will examine the letter and decide things according to the procedure.

A preliminary investigation is mandatory before a vigilance case. However, since there is an ED report with evidence, the Home Secretary sought legal advice to check if an investigation is needed at all. The ED's 25-page report is accompanied by statements and evidence that directly point fingers at Pinarayi. Since Pinarayi and Muhammad Riyas are public representatives, the Vigilance needs the government's permission for the investigation and the case. The Home Department assesses that the case will remain as the ED's report under Section 66(2) of the Prevention of Black Money Act is of a serious nature.

The Delhi High Court ruled that charges cannot be framed merely based on a report under Section 66(2). The documents and evidence provided by the ED should be examined independently to determine whether the charges under the Prevention of Corruption Act can be substantiated. After that, an FIR should be filed.

Earlier, the Vigilance had registered a case against former Chhattisgarh Chief Minister Bhupesh Baghel based on the ED report in the Mahadev Betting App case. This section empowers the ED to hand over information to the concerned investigating agency if it finds any other violation of the law during the investigation into black money transactions. The ED report indicates evidence of corruption, fraud, and conspiracy.