Kerala forms SIT in CMRL-Exalogic payoff case; ADGP-level officer to supervise probe
The Kerala government has constituted a Special Investigation Team (SIT) to inquire into corruption allegations in the CMRL-Exalogic payoff case. Official sources said those named in the allegations include Leader of the Opposition and former Chief Minister Pinarayi Vijayan, his daughter T. Veena, son-in-law and former Minister P.A. Mohamed Riyas, and some associates of Mr. Riyas.
The team will be supervised by Additional Director General of Police (Crime Branch) H. Venkatesh, with Superintendent of Police P. Vikraman leading the investigation. It is expected to include officers in the ranks of Deputy Superintendent of Police and Inspector, as well as personnel from the Cyber Division, the sources said. The Home department is yet to issue the formal order constituting the SIT.
The inquiry is based on a report submitted by the Enforcement Directorate (ED) to State Police Chief Ravada A. Chandrasekhar under Section 66(2) of the Prevention of Money Laundering Act, a provision that allows one investigating agency to share information with another for action. In its communication, the ED sought the registration of a case under the Prevention of Corruption Act against Mr. Vijayan, Ms. Veena, Mr. Riyas and some of Mr. Riyas' associates.
Speaking to mediapersons on the sidelines of a function, Mr. Chandrasekhar said the police would first conduct a preliminary inquiry based on the ED's communication. He clarified that a Vigilance inquiry would not be initiated at this stage and that the police would begin by examining the evidence furnished by the Central agency.
He said the preliminary examination was necessary to determine whether a criminal case could be registered. No first information report has been filed so far, and the allegations have not been established before any court.
The case concerns allegations of financial dealings between CMRL and Exalogic Solutions, and has been under the scrutiny of Central agencies. The constitution of an SIT by the State police marks a new stage in the inquiry, which will now proceed under the provisions of the Prevention of Corruption Act.
Legal provisions allow a preliminary inquiry to precede the registration of a case, particularly where documents and technical evidence have to be assessed. Officials familiar with the process said the SIT would examine records and, if required, record statements before deciding on the next step. It may also seek assistance from other departments and from officials of the companies involved.
If the preliminary inquiry points to a prima facie case, the police may register an FIR and take up a full investigation. If it does not, the matter may be closed with a report.
Persons named in such reports are entitled to the presumption of innocence, and the allegations against them remain unproved. The law also requires that an investigation be conducted fairly, without regard to the official position of anyone named.
The case is politically sensitive, as it names a former Chief Minister and a former Minister. Kerala has earlier seen disputes between State and Central agencies over the conduct of similar inquiries, and the process is likely to be watched closely.
Officials said further details of the SIT's composition and its terms of reference would be made public once the Home department issues its order.
