CHENNAI: About a year after a senior DMK minister I Periyasamy was discharged in a 12-year-old illegal land allotment case, Madras high court on Monday set aside the order saying the trial court order was ‘tainted by procedural impropriety’.
Justice N Anand Venkatesh, who had initiated the suo motu revision proceedings, said, “The special court order dated March 27, 2023, suffers from manifest perversity and gross illegality.It is also tainted by procedural impropriety … ” He then ordered Special Court for Cases against MPs and MLAs in Chennai to recommence the trial, conduct it on a daily basis and complete it on or before July 31.
“All the accused shall appear before the special court on March 28. Upon such appearance, all the accused shall furnish a bond of 1 lakh each with two sureties,” the judge said.
He then directed the special court to remand the accused, including the minister, in custody if they adopt any dilatory tactics to delay the trial. “The trial court shall, as far as practicable, conduct the trial day to day, and shall complete it on or before July 31. A compliance report be sent thereafter to the registrar-general of high court,” 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,” the judge said.
The members of 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. A constitutional court is duty-bound, under the Constitution, to ensure that such things do not come to pass, the judgeadded.
‘Special court shall comment upon merits of the case’
He added, “Though obvious, it is made clear that this court has not examined or commented upon the merits of the case which shall be decided by the special court on merit, without being influenced by any of the observations made herein above.”
The issue pertains to a corruption case registered against Periyasamy in 2012 by Directorate of Vigilance and Anti-Corruption (DVAC) during the AIADMK govt for the alleged illegal allotment of a Tamil Nadu Housing Board (TNHB) plot to a personal security officer of former chief minister M Karunanidhi in 2008. In March 2023, Additional Special Court for Cases against MPs and MLAs, Chennai, acquitted Periyasamy in the case.
Taking suo motu cognizance of the discharge order passed by the special court, Justice Anand Venkatesh initiated the revision proceeding and concluded the final hearing on Feb 13.
The court found fault in the stand taken by trial court that sanction accorded by speaker of the state is not sufficient to prosecute the prime accused who was a former minister and that the sanction must be accorded by the governor. The court pointed out that Periyasamy was not a minister when the prosecution was initiated and that the sanction accorded by speaker was sufficient to prosecute him under the PC Act.
Justice N Anand Venkatesh, who had initiated the suo motu revision proceedings, said, “The special court order dated March 27, 2023, suffers from manifest perversity and gross illegality.It is also tainted by procedural impropriety … ” He then ordered Special Court for Cases against MPs and MLAs in Chennai to recommence the trial, conduct it on a daily basis and complete it on or before July 31.
“All the accused shall appear before the special court on March 28. Upon such appearance, all the accused shall furnish a bond of 1 lakh each with two sureties,” the judge said.
He then directed the special court to remand the accused, including the minister, in custody if they adopt any dilatory tactics to delay the trial. “The trial court shall, as far as practicable, conduct the trial day to day, and shall complete it on or before July 31. A compliance report be sent thereafter to the registrar-general of high court,” 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,” the judge said.
The members of 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. A constitutional court is duty-bound, under the Constitution, to ensure that such things do not come to pass, the judgeadded.
‘Special court shall comment upon merits of the case’
He added, “Though obvious, it is made clear that this court has not examined or commented upon the merits of the case which shall be decided by the special court on merit, without being influenced by any of the observations made herein above.”
The issue pertains to a corruption case registered against Periyasamy in 2012 by Directorate of Vigilance and Anti-Corruption (DVAC) during the AIADMK govt for the alleged illegal allotment of a Tamil Nadu Housing Board (TNHB) plot to a personal security officer of former chief minister M Karunanidhi in 2008. In March 2023, Additional Special Court for Cases against MPs and MLAs, Chennai, acquitted Periyasamy in the case.
Taking suo motu cognizance of the discharge order passed by the special court, Justice Anand Venkatesh initiated the revision proceeding and concluded the final hearing on Feb 13.
The court found fault in the stand taken by trial court that sanction accorded by speaker of the state is not sufficient to prosecute the prime accused who was a former minister and that the sanction must be accorded by the governor. The court pointed out that Periyasamy was not a minister when the prosecution was initiated and that the sanction accorded by speaker was sufficient to prosecute him under the PC Act.