SC dismisses plea seeking probe against Pinarayi Vijayan in CMRL case

The Supreme Court on Monday (October 6) dismissed a petition filed by Congress MLA Mathew Kuzhalnadan seeking a probe against Kerala Chief Minister Pinarayi Vijayan and his daughter Veena in connection with the alleged Cochin Minerals and Rutile Ltd (CMRL) scam.

A Supreme Court Bench comprising Chief Justice of India BR Gavai and Justice K Vinod Chandran refused to interfere with the Kerala High Court’s dismissal of revision petitions challenging Vigilance Court orders that denied probes into the corruption allegations.

The Chief Justice advised the petitioner’s lawyer to “fight…political battles before the electorate and not in the Court”.

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Petitioner’s argument

Senior Advocate Guru Krishna Kumar, representing the petitioner, contended that the Kerala High Court admitted there was something to be looked into regarding the case, but Justice Vinod Chandran disagreed, emphasizing that the court found no merit to the allegations.

Kumar pointed to undeniable facts, including a contract between CMRL and the chief minister’s daughter’s company and a payment of Rs 1.72 crores to her company. It was also noted that during proceedings before the Income Tax Settlement Board, CMRL acknowledged no services were rendered by the daughter’s company.

Despite these facts, the High Court stressed that suspicion alone was insufficient and insisted that complaints must be supported by proven facts at the pre-cognizance stage. The petitioner’s counsel argued this requirement was erroneous.

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Court dismisses petition after hearing one side

The Supreme Court Bench expressed reluctance to interfere with the findings of the Vigilance Court and the High Court, reiterating the stance of keeping political disputes out of the judiciary forum. Senior Advocate Kapil Sibal, representing Pinarayi Vijayan, had no submissions as the court dismissed the petition after arguments by the petitioner’s lawyer.

Mathew Kuzhalnadan alleged that CMRL paid Veena Thaikkandiyil Rs 5 lakh per month and Rs 3 lakh per month to her company Exalogic Solutions under the pretence of IT and marketing consultancy services. The payments were alleged to be gratification for favourable decisions from the chief minister. The petitioner first approached the Vigilance Court which refused the probe, and subsequently the High Court, which upheld the refusal.

In its detailed 59-page judgment, Justice K Babu observed that the petitioner could only present material that highlighted suspicions rather than factual evidence constituting the alleged offenses. The High Court concluded that the allegations were based on conjecture rather than concrete proof.