CMRL-Exalogic case: Decision on police probe delayed; ED may approach HC if FIR is delayed

Thiruvananthapuram: A final decision on the police investigation into the CMRL-Exalogic transaction involving former Chief Minister Pinarayi Vijayan, his daughter T. Veena and former minister PA Mohamed Riyas is being delayed. Although the Home Department has decided that an investigation can be conducted based on the report submitted by the Enforcement Directorate (ED), the relevant files have not yet been forwarded to the State Police Chief.

The government has received three legal opinions—from the Advocate General (AG), Additional Advocate General and Director General of Prosecution—stating that an investigation can be conducted. However, without receiving the file, the DGP cannot decide whether to register an FIR directly or whether the probe should be conducted by the Crime Branch or the Economic Offences Wing.

Meanwhile, the ED is considering approaching the High Court for legal action if the state police delay registering an FIR. The ED had earlier handed over the documents required to register a case under Section 66(2) of the Prevention of Money Laundering Act (PMLA) to the DGP. If the state police register an FIR, the ED can re-register the case under the Prevention of Corruption Act and proceed with its investigation.

The ED's move comes in the wake of Supreme Court judgments holding that it has the authority to approach the court if there is a delay in registering an FIR. Meanwhile, the ED is preparing to file the first chargesheet in the CMRL-Exalogic transaction case.