SC stays probe against Vijayan & kin for a week to enable him to move high court

SC clarified that its observations did not touch upon the merits of the case against Keralam ex-CM Pinarayi Vijayan and his relatives.

NEW DELHI: Supreme Court Wednesday stayed for a week Kerala Police’s investigation against ex-CM Pinarayi Vijayan and his relatives in the CMRL-Exalogic payoff case and said a division bench of HC should not have refused them permission to appeal against the single judge’s order directing an FIR and probe.A special bench of Justices Joymalya Bagchi and V Mohana, hearing appeals filed by Vijayan, his daughter Veena T and son-in-law Mohd Riyas PA, stayed the probe by state police.Referring to Section 175(4) of BNSS, which requires a report from the public servant’s superior officer before ordering an investigation into a complaint against the public servant for acts done in discharge of official duties, the bench said, “The single judge not only directed registration of FIR, which is the mandate in SC ruling in Vijay Madanlal case, but ordered commencement of investigation and submission of final report.

”“Commencement of investigation and taking the same to logical conclusion will require due compliance with other statutory requirements under the special law (as laid down in Charanjit Singh judgement of Supreme Court),” it said.“These facts clearly make out a prima facie case of locus standi for the petitioners to seek leave to appeal against (single judge’s) order. Accordingly, we set aside the impugned order and permit the petitioners to pursue their appeals before the division bench of the HC,” it added.

SC clarified that its observations did not touch upon the merits of the case. “The investigation into FIR shall remain stayed for seven days,” it said.On an ECIR registered by ED on the basis of the FIR lodged by Kerala Police, the bench said it was not expressing any opinion on its validity.

When Kerala govt undertook not to proceed with the probe till division bench decided the appeals, SC said, “Your client was so eager to investigate.

We do not appreciate the state govt functioning like this.”On Sept 7, two years after registering an ECIR, ED shared information with state police regarding the alleged payoff case. State govt set up an SIT for a preliminary inquiry. On Oct 9, a single judge set aside the inquiry and directed filing of an FIR, lodged on Oct 12.Vijayan told SC the alleged payments were made between 2017 and 2020 by CMRL to Exalogic, in which he was never a shareholder, director or employee. He said he had no dealings with CMRL and claimed the allegations were examined and rejected at every level up to SC, which dismissed a petition over the issue in October 2025.