'Politically Instigated Litigation': CM Pinarayi Vijayan Tells Kerala High Court In Plea Seeking CBI Probe Into CMRL Case
While opposing a plea seeking CBI investigation into the affairs between CMRL and himself, Chief Minister Pinarayi Vijayan has stated that there is no compelling reason to direct CBI investigation and that the PIL is not maintainable.Mr. Vijayan was arrayed as the 15th Respondent in the PIL. His daughter, Veena Thaikkandiyil, who is also the director of Exalogic Solutions Pvt. Ltd....
While opposing a plea seeking CBI investigation into the affairs between CMRL and himself, Chief Minister Pinarayi Vijayan has stated that there is no compelling reason to direct CBI investigation and that the PIL is not maintainable.
Mr. Vijayan was arrayed as the 15th Respondent in the PIL. His daughter, Veena Thaikkandiyil, who is also the director of Exalogic Solutions Pvt. Ltd. (13th respondent), was arrayed as the 14th respondent.
In the detailed counter affidavit filed, the arguments advanced were split into seven main grounds, including challenge to maintainability. It is stated that the PIL is not maintainable as there is no larger public cause affecting the broad citizenry but is only a politically instigated litigation meant to target himself and his family.
It is also averred that the allegations made in the PIL have already been subject to judicial scrutiny in Criminal Revision Petition (Crl. Rev. Pet.) Nos. 588/2024 and 890/2023 before the Kerala High Court. The PIL was filed in suppression of these facts.
It was also stated that all the allegations made out were done without any documentary evidence or factual basis. Moreover, it is stated that no demonstrable link, i.e., quid pro quo between an official act and a benefit received, was made out.
In the counter affidavit, a case was made out that parallel investigation by the CBI is premature. It was put forth that parallel investigations into the matter would offend S. 245I of the Income Tax Act. It was also stated that the Serious Fraud Investigation Office (SFIO) is investigating the affairs of CMRL, including its payments to Exalogic. Therefore, it was averred that further investigation by other agencies would offend S. 212(2) of the Companies Act as well.
Countering the prayer for delisting of shares of CMRL, it was stated that the PIL suffers from misjoinder of parties since inclusion of SEBI as the 12th respondent and praying for such a relief is much beyond the scope of constitutional courts considering PILs.
Background
A Public Interest Litigation (PIL) was filed by senior journalist M. R. Ajayan seeking inter alia, detailed investigation into the affairs of the M/s Cochin Mineral Minerals Rutile Limited (CMRL) and M/s Exalogic Solutions Private Limited (OPC) and their alleged political nexus with Mr. Vijayan.
In the petition, there is also a prayer to direct the Securities Exchange Board of India (SEBI) to delist the shares of CMRL and to direct the Principal Chief Commissioner of Income Tax to reopen and conduct back assessment into aforesaid company.
Earlier, the High Court had directed the Additional Solicitor General for submission of the list of persons involved in the order made by the Interim Board for Settlement for CMRL.
Case Title: M. R. Ajayan v. Union of India and Others
Case No: WP(PIL) No. 24 of 2025