Kochi | The Kerala High Court on Friday dismissed an appeal filed by CMRL against a single-judge verdict allowing the ED to continue its money laundering probe into the mining company's financial dealings with Veena T, daughter of former Kerala Chief Minister Pinarayi Vijayan.
A Division Bench comprising Justice Raja Vijayaraghavan and Justice K V Jayakumar upheld the single-judge order of May 26 saying it finds no reason to interfere with that judgement.
The High Court also declined the request by the lawyer for Cochin Minerals and Rutile Ltd (CMRL) to protect it for two weeks so that it can move an appeal before the Supreme Court.
While dismissing the company's appeal, the bench said, "Non-registration of an FIR or non-filing of a complaint in respect of scheduled offence will not bar the ED from initiating civil action under the Prevention of Money Laundering Act (PMLA).
"Registration of a scheduled offence is a pre-requisite only for a criminal prosecution and not for civil action or for exercise of inquiry powers under the Act." The court also rejected the company's plea to quash the Enforcement Case Information Report (ECIR) registered by the Enforcement Directorate (ED).
The May 26 single-judge verdict had held that the ED could proceed with its investigation under the PMLA even before the Serious Fraud Investigation Office filed a formal FIR or final report.
Following the single-judge order, the ED on May 27 conducted searches at the residences of former CM Vijayan and others as part of its investigation into the CMRL money laundering case involving his daughter.
The case stems from Income Tax searches conducted at the company's offices and the residences of its senior executives in January 2019. It was later investigated by the SFIO following a complaint filed by BJP leader Shone George.