Kochi, 13 Oct (H.S.): The Kerala High Court will on Tuesday consider applications by Opposition Leader Pinarayi Vijayan, his daughter T. Veena and her husband, former minister P.A. Mohammed Riyas, seeking permission to appeal against an order directing a Vigilance investigation into the CMRL–Exalogic payment case.

The applications follow the court’s observation that they require special permission to appeal because they were not respondents in the proceedings before the single bench.

During Monday’s hearing, the division bench questioned whether accused persons needed to be heard before an FIR was registered when evidence and information were available. The government challenged the maintainability of the appeals and informed the court that Vigilance had already registered a case against Vijayan and others.

Vijayan contends that the single bench issued its order without hearing his side. He argues that the Enforcement Directorate’s communication does not identify any assistance he allegedly extended to CMRL while serving as chief minister.

His petition also challenges the finding that the ED’s report contained material supporting offences against him under the Prevention of Corruption Act. He maintains that directing registration of an FIR without a preliminary inquiry was improper.

Vijayan further argues that payments made to Veena and Exalogic Solutions cannot be treated as payments to him. He cites a Supreme Court observation that there was no case against him in the matter and questions the validity of the single bench’s order in proceedings of a public-interest nature.

Veena argues that the FIR directive was issued despite a High Court stay on further proceedings arising from the Serious Fraud Investigation Office’s report.

Riyas questions how corruption allegations could be founded on the claim that Veena had no income while living with him.

Tuesday’s hearing will determine whether the three applicants can proceed with their appeals against the single bench’s investigation order.

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Hindusthan Samachar / Arun Lakshman