Will FIR be filed against Pinarayi Vijayan in CMRL-Exalogic case? ED report raises questions

Kochi: The Enforcement Directorate’s report recommending the registration of an FIR against Kerala Opposition Leader Pinarayi Vijayan under the Prevention of Corruption Act in connection with the CMRL-Exalogic case is likely to trigger major political repercussions within the CPM.

If a case is registered, Vijayan could find himself in the unusual position of being an Opposition Leader facing criminal charges.

The ED report contains serious allegations that Rs 3.28 crore was received as a bribe, that the money was collected through his daughter Veena, and that his son-in-law and former minister PA Mohamed Riyas helped move the money to Dubai through his associates. The ED has submitted a 25-page report along with its letter to the Director General of Police (DGP).

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The development comes at a time when the party is already preparing to hold a state committee meeting to address setbacks and initiate organisational reforms. When Vijayan was previously made an accused in the SNC-Lavalin case, he was serving as the party secretary. The party had then maintained that there was no political impropriety in his continuing in the post, since it was not an elected or parliamentary position.

If the UDF government decides to register an FIR and initiate an investigation, demands for the resignation of Vijayan, who currently serves as Opposition Leader and MLA, are likely to emerge.

Resisting opposition from both the ruling front and within the party may not be easy. At a time when the CPM-led front is trying to recover from its electoral defeat and prepare for a political comeback, defending a leader who could potentially become an accused in a corruption case would be a difficult task.

When the case involving Veena was raised earlier, even the CPI, the second-largest constituent of LDF, had maintained that it was under no obligation to defend or justify the allegations against her. With the CPI already at odds with the CPM over the post of Deputy Opposition Leader, whether it will extend public support to Pinarayi Vijayan during the present crisis could prove significant.

When the ED had earlier arrived at Vijayan’s residence for a raid, the CPM had strongly opposed the action and later assessed within the party that the episode had caused political damage. The allegations against former Chief Minister could also be raised by critics at the upcoming expanded state committee meeting in Kozhikode. Although the party has repeatedly stated that a leadership change is not on the agenda, the new developments could potentially steer discussions in that direction.

What action the UDF government takes on the ED’s letter will also be crucial. Any decision is likely to be based on an examination of the report and findings submitted by the agency as grounds for registering a case. The Home Minister and the DGP have already confirmed receipt of the letter.

If a case is registered, the CPM is likely to argue that the ED is being used as a political tool. The party could decide to mount both a political and legal defence. It may also allege that the state government is assisting the BJP’s political objectives.

The controversy and subsequent investigation stem from documents indicating that CMRL allegedly paid Rs 1.72 crore to Veena Vijayan without receiving any services in return. The ED has now put the issue before the state government, alleging that the payment was made on the basis of CMRL’s personal relationship with Chief Minister Pinarayi Vijayan. The agency has also pointed out that Veena was unable to produce the necessary documents or evidence to establish that services had actually been provided. Similar observations had earlier been made in the report submitted by the Serious Fraud Investigation Office (SFIO).

So far, the CPM has largely defended the issue as an allegation against Veena. The party has maintained that the ED was targeting Vijayan and the party by using his daughter as a tool. However, if a case is registered against Vijayan himself, it may become difficult for the party to maintain the same line of defence.