Will Pinarayi Vijayan step down as LoP? The implications of the Kerala HC order in the CMRL-Exalogic case
Sources within the Left told South First that the court order has exposed differences within the CPI(M), with opinion divided over how the party should navigate the situation.
Synopsis: The Kerala High Court’s directive to register an FIR against Pinarayi Vijayan, his daughter T Veena and son-in-law PA Mohammed Riyas in the CMRL-Exalogic payoff case has left the CPI(M) uncertain about how to proceed. Amid expectations that Vijayan, the Leader of the Opposition, might have to resign if an FIR is registered and he faces an investigation, sources within the Left told South First that the development has exposed differences within the bloc.
The Kerala High Court’s directive to register an FIR under the Prevention of Corruption Act against Leader of the Opposition Pinarayi Vijayan, his daughter T Veena and son-in-law PA Mohammed Riyas in the alleged Cochin Minerals and Rutile Ltd (CMRL)-Exalogic payoff case has triggered political uncertainty in the State.
Sources close to the office of the Director General of Prosecution indicate that the State government may not appeal the court order.
The prospect of Vijayan having to step down as Leader of the Opposition has come into focus if an FIR is registered and he has to face an investigation.
The last time Vijayan faced public demands to step down from public office was in 2009, during the SNC-Lavalin hydroelectric project scandal. The LDF defended him on the ground that he did not hold a constitutional office at the time.
The bloc was in power under Chief Minister VS Achuthanandan at the time, while Vijayan was the CPI(M) State secretary. The party’s then general secretary Prakash Karat defended Vijayan, arguing that his position as party secretary did not warrant his resignation, even though Vijayan had served as Electricity Minister when the controversial contract was signed in the late 1990s.
Pinarayi Vijayan during his tenure as Electricity Minister
Karat maintained that the circumstances would have been different had Vijayan been an elected representative or a member of the government. In that case, he said, Vijayan would have stepped down to face the investigation.
Seventeen years later, Vijayan holds a constitutional office as Leader of the Opposition, representing the entire Left bloc in the Assembly.
Sources within the Left told South First that the court order has exposed differences within the CPI(M), with opinion divided over how the party should navigate the situation.
The Kerala High Court’s directive is a major relief for the ruling United Democratic Front (UDF), according to political analyst and journalist MP Basheer, as it could shield the VD Satheesan government from allegations that its handling of the CMRL-Exalogic case was influenced by pressure from the Enforcement Directorate (ED).
“Otherwise, the UDF’s proceedings in the case, including the Crime Branch SIT probe would have been criticised as actions taken under pressure from the ED. Earlier, the UDF’s position was that an FIR against Pinarayi Vijayan could be considered if the preliminary inquiry revealed evidence warranting one. With the court’s directive, the UDF now has a political shield in the case,” he told South First.
SN Sasidharan Kartha
But Basheer said the investigation could still prove to be a double-edged sword. He pointed to the diary entries allegedly maintained by CMRL managing director Sashidharan Kartha, which are reported to contain the names of several political leaders, including those from the UDF.
“These entries have the potential to haunt politicians for a long time. If the court orders an investigation into the diary entries as well, the political consequences could boomerang on the UDF,” he said.
Basheer alleged that Kartha had relied on bribery to sustain his position over the past three decades, cultivating relationships with politicians, media professionals and businesspeople.
“The argument that the money was accepted as party funds may not hold if the records are cross-checked. Every contribution above ₹20,000 has to be recorded and if a proper verification takes place, that defence could also come under scrutiny,” he said.
Advocate PM Niyas, general secretary of the Kerala Pradesh Congress Committee (KPCC), told South First that the State government had no reason to appeal against the High Court’s directive to register an FIR in the CMRL-Exalogic case.
Niyas said Director General of Police T Asaf Ali had expressed a similar view when the government discussed the legal aspects of the case.
“Even in the Assembly, we made it clear that Pinarayi Vijayan and his family were involved in the case. The UDF government will not change its stance, and we do not think this will backfire on us. Every penny our leaders received from CMRL has been accounted for and was contributed to the party fund, not used for their families,” he added.
Friction has been building between two principal camps within the CPI(M) since the LDF’s defeat in the Assembly elections, according to a party insider.
“One camp is led by MA Baby and P Rajeev, while the other is aligned with Pinarayi Vijayan. Prakash Karat’s earlier statement will certainly be discussed within the party. There are senior leaders who secretly want Vijayan to step down and there is indirect pressure on him,” the source told South First on condition of anonymity.
CPI(M) general secretary M A Baby, Chief Minister Pinarayi Vijayan and PB member Prakash Karat (Facebook)
The source also pointed to P Rajeev’s growing prominence in the party’s public response to political controversies as a possible sign of a shift in the internal balance of power.
“If you observe closely, P Rajeev is the one who frequently addresses political controversies, almost as though he is the authorised spokesperson. He is a former MLA, but the authority he exercises comes, in part, from Baby’s blessing. This could accelerate the realignment within the party,” the source added.
Former CPI(M) leader V Kunhikrishnan, who quit the party and won the Payyannur Assembly seat as an independent, told South First that opposition to Vijayan was beginning to mount within the Left.
Kunhikrishnan said the CPI(M) had traditionally maintained that it would defend the case both legally and politically. He said the party now had little room to manoeuvre.
CPI(M) leader Jaick C Thomas of Puthuppally, however, said an FIR alone could not be the basis for demanding Vijayan’s resignation.
“If an FIR is the basis for resignation, what about the other leaders whose names appear in Kartha’s diary entries? Every penny we received has been accounted for and submitted to the Election Commission of India. The money was received through proper channels,” he told South First.
Thomas also claimed that the High Court had not heard the affected parties before passing its order.
“The nature of the recent court verdict itself is doubtful, as it was passed without hearing the affected parties. Natural justice has been denied,” he said.