Madras HC revives 2006 disproportionate assets case against Panneerselvam

Justice N. Anand Venkatesh sets aside a 2012 order of a Chief Judicial Magistrate permitting the DVAC to withdraw the case

The Madras High Court on Tuesday (October 29, 2024) set aside an order passed by the Sivaganga Chief Judicial Magistrate (CJM) on December 3, 2012, permitting the Directorate of Vigilance and Anti-Corruption (DVAC) to withdraw a disproportionate assets case registered against former Tamil Nadu Chief Minister and ADMK Workers’ Rights Retrieval Committee coordinator O. Panneerselvam and his family members in 2006.

Justice N. Anand Venkatesh restored the trial and ordered that it should be conducted before the Principal District and Sessions Court in Madurai (which had been designated as a special court for legislators) against the surviving accused. He also ordered that the sessions court could cancel the bail granted to the accused if they adopt any dilatory tactics in completing the trial.

This was the fourth of the six suo motu revisions taken up by the judge in 2023 against the discharge/acquittal of sitting as well as former Ministers from disproportionate assets cases. The 2006 disproportionate assets 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 by the DVAC against him and six of his family members, which included his wife P. Vijayalakshmi (since deceased), son P. Ravindranath Kumar (now a Member of Parliament representing Theni constituency), and brother O. Raja, had amassed wealth disproportionate to their known sources of income between May 19, 2001, and May 12, 2006.

The DVAC sleuths completed the investigation and submitted a charge sheet before the Theni Chief Judicial Magistrate in 2009, when it was also taken cognisance of by the Magistrate. Thereafter, the AIADMK returned to power in 2011 and the DVAC filed a petition before the CJM wanting to conduct further investigation in the case.

The plea for further investigation was allowed by the CJM before the accused approached the Madurai Bench of the Madras High Court and got the case transferred from Theni to Sivaganga. In 2012, the DVAC, in a volte-face, filed an additional final report before the Sivaganga CJM urging the judicial officer to close the case.

The then Special Public Prosecutor M. Rajendran told CJM S. Karuppiah that no purpose would be served in continuing the prosecution in light of the “scientific and mathematical” further investigation conducted by the DVAC, which did not find any offence to have been committed under the Prevention of Corruption Act, 1988.

It was also brought to the notice of the CJM that the then Speaker of the Legislative Assembly P. Dhanapal had accorded sanction to withdraw the case. The State government had also decided to revoke the sanction granted in 2006 for prosecuting Mr. Pannneerselvam, who was holding the Finance portfolio in 2012.

After considering all these factors, the Sivanga CJM, on December 3, 2012, wrote: “The present further report discloses that there is no commission of any offence and this court also feels that conducting a trial will only end in acquittal and this withdrawal is in the interest of justice as well as for the public interest. Hence, this court grants its consent to withdraw from prosecution and the accused are discharged from this case.”

Published - October 29, 2024 03:13 pm IST