Pinarayi Vijayan summoned by ED in monthly pay-off case; asked to appear on October 23

KOCHI/NEW DELHI: The CPM has come under greater pressure after the Enforcement Directorate (ED) summoned Opposition Leader Pinarayi Vijayan for questioning in the CMRL-Exalogic monthly pay-off case. He has been asked to appear at the ED office in Kadavanthra, Kochi, at 11 am on October 23. Meanwhile, Pinarayi has approached the Supreme Court seeking protection from arrest. A special vacation bench may be constituted to hear his petition next week.

A single bench of the High Court had recently ordered the registration of an FIR and an investigation against Pinarayi. The Division Bench subsequently dismissed the appeals filed by Pinarayi and others challenging the order. The ED summons followed soon after.

Pinarayi is the first accused in the case, while his daughter, Veena Vijayan, is the second accused. The ED is expected to question him based on information gathered during its investigation under the Prevention of Money Laundering Act (PMLA).

The questioning is likely to focus on the Rs 2.78 crore paid by CMRL to Veena and her company, Exalogic. The ED is also expected to examine statements given by CMRL officials, who reportedly said that the payments made to Veena for services not rendered were actually intended for Pinarayi when he was the Chief Minister. Meanwhile, ED sources said the summons was issued only for questioning and that there was no intention to arrest him.

The ED has not yet initiated proceedings in another case in which former minister Mohammed Riyas is the first accused. With Pinarayi receiving the summons, the CPM is closely watching the legal battle, including the proceedings in the Supreme Court.

Supreme Court's stand crucial

1. Although the ED has issued a summons, Pinarayi can seek a change in the date of questioning, either directly or through his lawyer, citing reasons including health concerns.
2. If a person fails to appear despite receiving three summonses, the ED has the authority to reach their place of residence and question them. The Supreme Court's decision to take up Pinarayi's petition before October 23 could therefore prove crucial.

Seeks protection, cites possibility of arrest

Pinarayi's lawyer, Siddharth Luthra, informed Chief Justice Surya Kant on Friday that there was a possibility of arrest, as the Vigilance had registered an FIR and the ED had registered an Enforcement Case Information Report (ECIR). He sought an urgent hearing of Pinarayi's petition challenging the High Court verdict. Luthra also pointed out that Pinarayi, who is 82, could be taken into custody if protection was not granted.

The Supreme Court, which closed on Friday for the Dussehra vacation, is scheduled to reopen on October 26. Although the Chief Justice initially said the petition could be listed on October 26 or 27, Luthra pressed for an urgent hearing. Following this, the Chief Justice assured that the possibility of constituting a special vacation bench would be examined, depending on the availability of judges. Apart from Pinarayi, Veena and Riyas have also filed petitions in the Supreme Court.

Vigilance seeks documents

The Vigilance has sought documents from central agencies in connection with the monthly pay-off case. It has approached the ED, the Serious Fraud Investigation Office (SFIO) and the Income Tax Department for the records. The questioning of those concerned is likely to take place after the Vigilance examines the documents.