Vijayan has meanwhile informed the Enforcement Directorate (ED) that he will not attend questioning scheduled for Friday, October 23, at its Kochi office. His response cites the Supreme Court’s interim order and the ongoing Kerala Legislative Assembly session, continuing until October 29.
The developments follow Wednesday’s Supreme Court intervention, which set aside an earlier High Court division bench decision refusing the petitioners permission to appeal. The apex court also suspended investigation into the vigilance first information reports for seven days, leaving the High Court to consider whether further interim protection is justified.
The Supreme Court order was placed before the High Court on Thursday morning on behalf of Vijayan and the other petitioners. Steps were initiated to number and list their appeals, with Saturday emerging as the expected hearing date. The court will determine which bench hears the matter.
Vijayan, his daughter T Veena and son-in-law P A Mohamed Riyas are among those contesting the proceedings. Their challenge concerns the October 9 direction by a High Court single judge requiring the Vigilance and Anti-Corruption Bureau (VACB) to register cases on information supplied by the ED.
A division bench had refused permission to appeal on October 15, reasoning that prospective accused persons were not entitled to be heard before registration of a criminal case. The Supreme Court subsequently held that the petitioners should be allowed to pursue their challenge to the judicial direction.
Justices Joymalya Bagchi and V Mohana, sitting during the Dussehra vacation, made clear that their intervention did not decide the merits of the corruption allegations. Their temporary stay applies to investigation under the vigilance FIRs, not to the existence of those FIRs.
That distinction is central to the parallel proceedings. The ED’s money-laundering investigation has not been stayed by the Supreme Court. Vijayan’s decision not to attend Friday’s questioning therefore does not itself amount to judicial exemption from the central agency’s summons.
The ED had directed Vijayan to appear under Section 50 of the Prevention of Money Laundering Act, which empowers investigators to seek documents and record statements. The notice marked the first summons issued to the former Chief Minister for questioning in this case.
The agency is expected to oppose the petitioners’ challenge when it returns before the High Court. A senior-level ED meeting in Kochi has also examined the legal developments alongside other investigations handled by its zonal office. No separate order restricting the ED’s powers has been identified.
The petitioners may seek an extension of the temporary protection granted by the Supreme Court. Any such request would require an independent assessment by the High Court, which has been left free to determine interim relief on the facts and applicable law.
The Supreme Court also clarified that its observations should not influence the High Court’s eventual decision on interim relief. Its order addressed the petitioners’ access to an appellate remedy while preserving the division bench’s authority to examine the disputed direction.
The earlier refusal of permission to appeal was delivered by a division bench comprising Justices K Natarajan and Johnson John. Whether the restored appeals will return to that bench or be assigned elsewhere is to be settled through the High Court’s listing arrangements.
(The article ‘High Court to hear Vijayan appeal on Sat’ appeared first on Free Press Journal.)
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