The Supreme Court of India on Wednesday granted a one-week stay on the ongoing Kerala Police investigation concerning former Chief Minister Pinarayi Vijayan, his daughter Veena T, and his son-in-law, Mohammad Riyas PA. The investigation, which relates to the alleged CMRL-Exalogic payoff case, was halted to provide the petitioners time to pursue an appeal before a division bench of the Kerala High Court.
A special bench comprising Justices Joymalya Bagchi and V Mohana heard the appeals filed by the former Chief Minister and his family members. During the proceedings, the Supreme Court expressed disapproval of the manner in which the state authorities had handled the legal process, specifically noting that a division bench of the High Court should have allowed the petitioners to appeal against a single-judge order that had directed the registration of an FIR and the commencement of an investigation.
The legal contention centers on the procedural requirements for investigating public servants. The Supreme Court bench referred to Section 175(4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which mandates that a report from a public servant's superior officer must be obtained before an investigation is initiated into complaints regarding acts performed during the discharge of official duties. The bench observed that the single-judge order had not only mandated the filing of an FIR but had also bypassed necessary statutory procedures by ordering an immediate probe and the submission of a final report.
"Commencement of investigation and taking the same to logical conclusion will require due compliance with other statutory requirements under the special law," the bench stated. Emphasizing that its observations were limited to procedural concerns and did not address the merits of the allegations, the court remarked that there was a clear prima facie case for the petitioners to seek an appeal. Consequently, the top court set aside the earlier order that had blocked the petitioners from moving the division bench of the High Court.
The controversy stems from allegations of payments made by CMRL to Exalogic between 2017 and 2020. During the hearing, Pinarayi Vijayan maintained that he had no financial interest in Exalogic, asserting that he was neither a shareholder nor an employee of the firm. He further claimed that these allegations had been thoroughly examined and dismissed at various judicial levels, including a prior petition that was rejected by the Supreme Court in October 2025.
Regarding the Enforcement Directorate’s (ED) involvement, the bench noted that an Enforcement Case Information Report (ECIR) had been registered based on the FIR lodged by the Kerala Police. The court clarified that it was not expressing an opinion on the validity of the ED's actions at this stage. The state government had previously established a Special Investigation Team (SIT) for a preliminary inquiry, which was subsequently set aside by a single judge on October 9, leading to the filing of the FIR on October 12.
The stay remains in effect for seven days, during which the petitioners are expected to approach the High Court. The Supreme Court underscored that while it was granting this interim relief, the state government’s eagerness to proceed with the investigation was not viewed favorably by the bench, particularly given the procedural questions raised regarding the application of statutory mandates.
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