Kerala High Court asks CM Pinarayi Vijayan, daughter to respond to plea for probe into bribery allegations

The Kerala High Court on Friday sought the response of Chief Minister Pinarayi Vijayan and his daughter to a plea seeking a probe into allegations of bribery and misuse of power by high-ranking public officials [Gireesh Babu v State of Kerala & Anr.]..Justice K Babu today sought the response of all parties arrayed as an accused person in a vigilance court order that had refused to direct an investigation into the bribery allegations..The persons so accused include the CM Vijayan, his daughter Veena Thaikandiyilin, the Leader of Opposition and Congress leader Ramesh Chennithala and other politicians such as Kunjali Kutty, VK Ibrahim Kunju and A Govindan..These persons were alleged to be among those who took bribes from Kochi-based Cochin Minerals and Rutile Limited (CMRL) for the "smooth running" of the entity..On August 26, a Special Judge (Vigilance) in Muvattupuzha rejected a plea for a probe into these allegations on finding that there was no prima facie case made out against the accused officials.The petition before the vigilance court was filed by one Gireesh Babu in the wake of an Income Tax report that stated that an "illegal payment" of ₹1.72 crores was made by CMRL to Exalogic Solutions Private Limited, an IT firm owned by the daughter of the CM, Veena.Gireesh Babu alleged that Veena received the money as consideration from CMRL to grant it an undue advantage.It was further alleged that high-ranking public officials including Chief Minister Vijayan, Ramesh Chennithala, Kunjali Kutty, VK Ibrahim Kunju and A Govindan also received bribes from CMRL.All of these persons were arraigned as accused in the petition.However, the vigilance court rejected Gireesh Babu's plea on the ground that the petitioner had only raised general allegations without sufficient material facts to back up his claims.Babu then approached the High Court with a revision petition challenging this vigilance court order, through advocate BA Aloor..In his revision petition, Gireesh Babu reiterated his claim that all the accused persons have misused their official position and caused losses to the public exchequer. A strong prima facie case has been made out on this aspect contrary to the vigilance court's findings, the petitioner submitted.“The accused in the complaint have misused their official capacity and powers in order to get illegal gratification and in exchange for monitory advantages, thereby the actions of all accused persons in the complaint comes within the purview under Prevention of Corruption Act, 1988,” the petition stated.The petitioner further contended that the vigilance court rejected his complaint without considering the facts and circumstances of the case.Therefore, he urged the Kerala High Court to set aside the vigilance court order and to direct a probe by the Vigilance and Anti-Corruption Bureau against the accused persons including Chief Minister Vijayan and his daughter..Notably, Gireesh Babu passed away while the petition was pending before the High Court.Thereafter, the High Court appointed advocate Akhil Vijay as amicus curiae in the case..On Friday, the High Court issued notice to all the parties arrayed as accused in the vigilance court order..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.