Recommendation against Pinarayi: Even if police drag their heels, ED will not back down; tougher action to follow

THIRUVANANTHAPURAM: Reports say that if the police register an FIR based on the Enforcement Directorate (ED)’s recommendation against opposition leader Pinarayi Vijayan, his son-in-law P A Mohammed Riyas MLA, and his wife T Veena, and deliberately proceed slowly with the investigation, the ED is all set to pursue further action on its own. In such a situation, the ED is considering filing its own charge sheet in the case. This would be based on the case registered by the police. The ED cannot register a case under the Prevention of Corruption Act on its own and this is why they sent a letter to the police chief, along with evidence, recommending that a case be registered.

If the ED files a charge sheet, it will reportedly include details of the investigation conducted independently by the agency. Cases under the Prevention of Corruption Act can also be investigated by the CBI. The CBI takes up such cases either on the basis of a high court order or a recommendation from the state government. A case registered by the police could subsequently be handed over to the CBI by the government.

Meantime, the possibility of an immediate police investigation into the ED recommendation targeting Pinarayi Vijayan, his daughter and his son-in-law appears to be fading. There is political pressure in the matter. Within the UDF, there is also growing concern that the investigation could backfire. KPCC president and minister Sunny Joseph’s statement that a decision on the investigation would be taken only after examining the legal aspects is being seen as an indication of this.

It is learnt that, following a preliminary examination, the Advocate General informed the home department that there were no direct statements or evidence sufficient to register a case naming Pinarayi Vijayan and Mohammed Riyas as accused. At yesterday’s meeting of KPCC and DCC office-bearers, Chief Minister V D Satheesan reportedly reiterated that the government cannot simply avoid registering a case based on the ED’s recommendation concerning the CMRL monthly-payment controversy. However, the government will have to proceed with considerable caution.

If the investigation is intensified, there could be demands for an investigation into other transactions involving payments allegedly received from CMRL as well. There is strong concern that such an investigation could backfire. Moreover, the Congress national leadership and the INDIA bloc oppose the use of the ED as a political weapon by the central government to harass political opponents. However, the other faction believes that it would be unwise to let go of such a powerful weapon against Pinarayi Vijayan and the CPM when they have got one. Many leaders within the Congress itself, as well as some leaders of allied parties, are also of the view that there is no need to take hasty action. This is also putting pressure on the government.