Plea seeking CBI probe into Exalogic issue: Kerala HC directs CM Pinarayi Vijayan, daughter to file affidavits

Kochi: High court on Tuesday directed the respondents, including chief minister Pinarayi Vijayan, his daughter T Veena and others, in a public interest litigation (PIL) seeking a CBI investigation into alleged financial transactions between Cochin Minerals and Rutile Ltd (CMRL) and Exalogic Solutions, to file their counter affidavits by June 10.

The division bench of Chief Justice Nitin Jamdar and Justice Basant Balaji issued the directive while adjourning the petition filed by M R Ajayan, a senior journalist from North Paravur, to June 17. Earlier, while the matter was being heard by a vacation bench, HC had directed the assistant solicitor general (ASG), appearing for the Union govt, to submit in a sealed cover the list of persons mentioned in the order of the Interim Board of Settlement (IBS), New Delhi, dated June 12, 2023, regarding the alleged transactions between CMRL and Exalogic Solutions, a now-defunct company formerly owned by T Veena.

On Tuesday, ASG A R L Sundaresan submitted that the income tax department, which is represented by separate counsel, is the competent authority to furnish such details. The department's counsel informed HC that they would comply if such a direction were issued. However, the counsels for the respondents opposed the plea, contending that granting such a request without hearing them would violate the principles of natural justice. The bench concurred with this view and directed the respondents to file their counter-affidavits. Meanwhile, the petitioner, Ajayan, filed a review petition challenging the earlier interim order requiring submission of details in a sealed cover. He sought a modification of the order and a direction to the director of income tax (investigation) to produce all statements and affidavits submitted by CMRL officials, along with entries and records allegedly evidencing payments made to the chief minister.

Ajayan's PIL seeks a CBI probe into the findings of the IBS, which purportedly revealed that CMRL had paid Rs 1.72 crore to Exalogic Solutions without any services being rendered. The petitioner alleges that the payment amounted to illegal gratification and has also sought an investigation into the alleged political nexus involving the companies and the CM.