CHENNAI: Less than a year after DMK minister I Periyasamy was acquitted in a 12-year-old case involving allegedly illegal land allotment, Madras HC on Monday set aside the special court’s verdict, terming it “tainted by procedural impropriety”. Justice N Venkatesh ordered the court to recommence the trial and schedule proceedings “day to day”, aiming to wrap up the case on or before July 31.
The judge, who initiated suo motu revision proceedings, said the March 27, 2023, ruling of the special Chennai court handling cases against MLAs and MPs “suffers from manifest perversity and gross illegality”.He said the “legitimacy of the administration of criminal justice will be eroded and public confidence shaken if MLAs and ministers facing corruption cases can short-circuit criminal trials by adopting the modus operandi that has been carried out in this case”.
Justice Venkatesh directed the special court to remand the accused, including the minister, in custody if they adopt “dilatory tactics” to delay trial. “All accused shall appear before special court on March 28. Upon such appearance, all shall furnish a bond of Rs 1 lakh each with two sureties,” states the order. “A compliance report (should) be sent thereafter to the registrar general of high court.”
Justice Venkatesh said the public should not be led to believe that “a trial against a politician in this state is nothing but a mockery of dispensing criminal justice”. He added: “A constitutional court is duty-bound, under the Constitution, to ensure that such things do not come to pass.”
“It made clear that HC hasn’t examined or commented upon merits of case, which shall be decided by special court on merits, without being influenced by the observations made herein above.”
The case pertains to a corruption charge against Periyasamy in 2012 by the directorate of vigilance and anti-corruption during the then AIADMK govt’s stint. The allegation involves illegal allotment of a Tamil Nadu Housing Board plot to a personal security officer of former CM M Karunanidhi in 2008.
HC found fault in the stand taken by trial court that assembly speaker’s sanction wasn’t sufficient to prosecute the prime accused – a former minister – and that it should come from governor. Justice Venkatesh said that Periyasamy wasn’t a minister when the prosecution was initiated.
The judge, who initiated suo motu revision proceedings, said the March 27, 2023, ruling of the special Chennai court handling cases against MLAs and MPs “suffers from manifest perversity and gross illegality”.He said the “legitimacy of the administration of criminal justice will be eroded and public confidence shaken if MLAs and ministers facing corruption cases can short-circuit criminal trials by adopting the modus operandi that has been carried out in this case”.
Justice Venkatesh directed the special court to remand the accused, including the minister, in custody if they adopt “dilatory tactics” to delay trial. “All accused shall appear before special court on March 28. Upon such appearance, all shall furnish a bond of Rs 1 lakh each with two sureties,” states the order. “A compliance report (should) be sent thereafter to the registrar general of high court.”
Justice Venkatesh said the public should not be led to believe that “a trial against a politician in this state is nothing but a mockery of dispensing criminal justice”. He added: “A constitutional court is duty-bound, under the Constitution, to ensure that such things do not come to pass.”
“It made clear that HC hasn’t examined or commented upon merits of case, which shall be decided by special court on merits, without being influenced by the observations made herein above.”
The case pertains to a corruption charge against Periyasamy in 2012 by the directorate of vigilance and anti-corruption during the then AIADMK govt’s stint. The allegation involves illegal allotment of a Tamil Nadu Housing Board plot to a personal security officer of former CM M Karunanidhi in 2008.
HC found fault in the stand taken by trial court that assembly speaker’s sanction wasn’t sufficient to prosecute the prime accused – a former minister – and that it should come from governor. Justice Venkatesh said that Periyasamy wasn’t a minister when the prosecution was initiated.