Supreme Court of India restores right to appeal FIR directions

The Supreme Court of India has restored the right of appellants, including Pinarayi Vijayan, to appeal before the Kerala High Court Division Bench against a Single Judge’s order. The order had previously directed the registration of First Information Reports (FIRs), investigations, and the filing of final reports.

The case originated from information provided by the Enforcement Directorate regarding alleged offenses under the Prevention of Corruption Act, 1988. The investigation involves materials from M/s CMRL and M/s Exalogic concerning alleged international fund transfers. While the State noted that FIRs had already been registered and investigations commenced, the Supreme Court ruled that denying an appellate challenge to a judicial finding of a cognizable offense could prejudice the appellants in future independent proceedings.

The Court also referenced the new procedural framework under Section 175(4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), noting how the statutory framework regarding the participation of potential accused persons has evolved.