‘Why hasn’t an FIR been registered?’ Kerala High Court questions Vigilance in CMRL case

Thiruvananthapuram: The Kerala High Court on Saturday questioned the Vigilance and Anti-Corruption Bureau (VACB) over why an FIR had not yet been registered in the CMRL-Exalogic alleged corruption case, despite the material provided by the Enforcement Directorate (ED).

The court expressed dissatisfaction over the delay in taking action even though, prima facie, it appeared that serious offences had been committed.

The court was hearing a petition filed by public activist K.M. Shajahan seeking a Vigilance investigation into the case and challenging the failure to register an FIR.

During the hearing, the government informed the court that a preliminary inquiry was currently being conducted into the matter.

ED seeks FIR based on its findings

The ED told the court that it had already sent a letter to the Kerala government along with material relating to the case. The agency said the letter sent to the State Police Chief was based on certain findings and maintained that an FIR should therefore be registered and an investigation conducted.

The ED also said it was ready to submit further details and evidence before the High Court in a sealed cover. The court permitted the agency to do so.

The High Court also sought details from the government's counsel regarding the contents of the letter sent by the ED.

Dispute over preliminary inquiry

The State government's Advocate General maintained that an FIR could be registered only after a preliminary inquiry at this stage.

The ED, however, argued that the Vigilance authorities had no option but to act on the material and communication already provided by the agency.

The matter will be considered again on September 29. The court is expected to examine the issue of whether a preliminary inquiry is required before registering an FIR and the action to be taken on the ED's communication.