SC likely to set up special bench during Dussehra break to hear Vijayan’s plea

The Supreme Court on Friday indicated that it may constitute a special bench during the Dussehra holidays to hear a plea by former Kerala chief minister Pinarayi Vijayan seeking protection from arrest and other coercive action in a corruption case linked to the alleged Cochin Minerals and Rutile Limited (CMRL)-Exalogic payoff.

Chief Justice of India (CJI) Surya Kant made the observation after senior advocate Sidharth Luthra, appearing for Vijayan, sought an urgent hearing, citing the 80-plus leader’s apprehension of arrest and the threat to his personal liberty. “He is an over 80-year-old person now facing arrest. We are seeking protection from arrest or any other coercive action. It is a matter of liberty. We are seeking an urgent hearing,” Luthra told the CJI.

The CJI initially indicated that the matter could be heard on October 26 or 27. When Luthra pressed for urgency, pointing out that Vijayan was facing arrest and his liberty was at stake, the CJI said the matter could not be accommodated in the regular listing because the cause lists before all benches were already overflowing. “We may consider setting up a special bench during the Dussehra break,” the CJI said. Luthra responded: “I will be grateful.”

The Supreme Court will remain closed for its Dussehra vacation throughout next week and reopen on October 26.

The CJI’s indication came a day after the Kerala high court refused to interfere with an order directing the registration of first information reports (FIRs) against Vijayan, his daughter Veena T and his son-in-law, former minister PA Mohamed Riyas, in connection with alleged financial dealings between CMRL and Veena’s now-defunct firm, Exalogic Solutions Pvt Ltd.

On Thursday, a division bench of Justices K Natarajan and Johnson John dismissed separate appeals filed by the three, holding that an accused person in a corruption case has no legal right to be heard before an FIR is registered.

The court clarified that its ruling did not take away their right to pursue constitutional or statutory remedies against the registration of the FIRs.

The FIRs were registered by the Vigilance and Anti-Corruption Bureau (VACB) following the high court’s direction to investigate alleged corruption and conspiracy over payments made by CMRL and an associate concern to Exalogic and Veena. Vijayan is named as the first accused in one FIR. Riyas is the first accused in the other. Veena is named as the second accused in both.

According to the FIRs, Exalogic received ₹3 lakh a month, while Veena was paid ₹5 lakh monthly as a consultant, despite the alleged absence of corresponding services. The allegations remain subject to investigation and judicial scrutiny.