SC stays Madras HC order to restore disproportionate assets case against OPS

The High Court, in October, had set aside a December 2012 decision of the Chief Judicial Magistrate permitting the DVAC to withdraw the case against the former Tamil Nadu Chief Minister

The Supreme Court on Friday stayed a Madras High Court order to restore a disproportionate assets case registered against former Tamil Nadu Chief Minister and AIADMK expelled leader O. Panneerselvam and his family members.

The High Court, in October, had set aside a December 2012 decision of the Chief Judicial Magistrate permitting the Directorate of Vigilance and Anti-Corruption (DVAC) to withdraw the case against the former Tamil Nadu Chief Minister and his family.

On Friday, a Bench headed by Justice Hrishikesh Roy sought responses from the Tamil Nadu Police and Mr. Panneerselvam’s opposite parties in the Madras High Court to file their responses to his petition in the Supreme Court.

A Single Judge Bench of Justice N. Anand Venkatesh had suo motu taken cognisance and restored the case. The Single Judge had ordered the trial be conducted before the Principal Sessions Court in Madurai which functioned as the Special Court to try criminal cases against legislators. The Single Judge Bench had allowed the Sessions Court to cancel the bail granted to the accused if they tried to delay the trial.

The 2006 case against Mr. Panneerselvam was registered after he had served as Chief Minister for a few months and also as Minister for Public Works, Prohibition, Excise, and Revenue during the 2001-06 AIADMK regime.

The charge levelled against him and six of his family members, which included his wife P. Vijayalakshmi (since deceased), son P. Ravindranath Kumar (a former MP), brothers O. Raja and O. Balamurugan (since dead) and sisters-in-law R. Sasikalavathy and B. Latha Maheswari, was that they had accumulated wealth that was 374% disproportionate to known sources of income.

The DVAC sleuths had completed the investigation in the case and laid a charge sheet in 2009. However, after the AIADMK returned to power in the State in 2011, the DVAC obtained the permission of the Chief Judicial Magistrate to conduct further investigation and filed a report in 2012 deciding to withdraw the prosecution. The Magistrate had accepted the withdrawal report and discharged all the accused from the case.

Published - November 29, 2024 07:47 pm IST