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SC Pauses Probe Against Vijayan & Kin for a Week to Allow High Court Petition
✍️ TOI India
🗓 22 Oct 2026, 05:06 AM
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The Supreme Court has stayed the investigation against Vijayan and his family for one week, citing the need to allow him to approach the High Court regarding procedural mandates under the BNSS.
The Supreme Court of India has granted a one-week stay on the investigation proceedings against Vijayan and his family. The bench issued this order to provide Vijayan with the necessary time to file a petition in the High Court challenging the procedural aspects of the case.
In its ruling, the Supreme Court bench referred to Section 175(4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS). This section mandates that a report from a public servant’s superior officer is required before an investigation can be ordered into a complaint regarding acts performed in the discharge of official duties.
The Court noted a discrepancy in the lower court's order, stating that the single judge not only directed the registration of an FIR, which aligns with the mandate in the Vijay Madanlal case, but also ordered the immediate commencement of the investigation and the submission of a final report. This additional directive was viewed as exceeding the immediate scope of the initial ruling.
Consequently, the apex court has paused the investigative process temporarily to ensure that the legal rights of the accused are protected while the matter is considered by the High Court.
In its ruling, the Supreme Court bench referred to Section 175(4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS). This section mandates that a report from a public servant’s superior officer is required before an investigation can be ordered into a complaint regarding acts performed in the discharge of official duties.
The Court noted a discrepancy in the lower court's order, stating that the single judge not only directed the registration of an FIR, which aligns with the mandate in the Vijay Madanlal case, but also ordered the immediate commencement of the investigation and the submission of a final report. This additional directive was viewed as exceeding the immediate scope of the initial ruling.
Consequently, the apex court has paused the investigative process temporarily to ensure that the legal rights of the accused are protected while the matter is considered by the High Court.