Chennai: The Madras high court has taken up suo motu (on its own) revision of a 2012 order of a Sivaganga court that discharged former Tamil Nadu chief minister O Panneerselvam in a disproportionate assets case, and issued notices to the expelled AIADMK leader and the Directorate of Vigilance and Anti-Corruption (DVAC) to appear before it in the matter.
This is the fourth case within this month where the high court has sought to take a relook at years-old orders of lower courts involving senior politicians. Three other cases involve sitting ministers of the Dravida Munnetra Kazhagam (DMK) government. All four cases are being heard by justice N Anand Venkatesh.
Paneerselvam was accused of accumulating wealth 374% times more than the known sources of his income during his tenure as chief minister for four months, and subsequently as revenue minister between 2001 and 2006. In December 2012, the chief judicial magistrate of Sivaganga discharged Panneerselvam in the case citing DVAC’s final probe that gave him a clean chit.
Justice Venkatesh has now taken up a suo motu revision of the 2012 order and criticised the manner in which the entire proceedings were conducted by DVAC.
“When a political party comes to power in the state of Tamil Nadu, DVAC swoops down on the Opposition and clamps (down) on cases of corruption. However, no prosecution for corruption ends in five years, which is the lifespan of an elected government in the state,” the justice said.
{{/usCountry}}“When a political party comes to power in the state of Tamil Nadu, DVAC swoops down on the Opposition and clamps (down) on cases of corruption. However, no prosecution for corruption ends in five years, which is the lifespan of an elected government in the state,” the justice said.
{{/usCountry}}“Invariably, the Opposition is voted back to power and DVAC, like the puppets in the muppets show, will have to perform a different tune in tandem with its political masters.”
This is the fourth suo motu revision taken up by justice Venkatesh this month. He recently ordered a relook on the acquittal of three Dravida Munnetra Kazhagam (DMK) ministers — K Ponmudy (education), Thangam Thennarasu (finance) and KKSSR Ramachandran (disaster) — in disproportionate assets cases.
Pointing out a pattern in all the four cases, the judge Venkatesh observed: “Prima facie, this court found this to be a well-orchestrated modus operandi to short-circuit corruption cases once the accused had come to political power in the State... Whatever be their radical political differences, the accused political personages across party lines appear to be united in their endeavour to thwart and subvert the criminal justice system in this State.”
While examining records, the judge also highlighted a file of the chief judicial magistrate (special judge), Sivagangai, on Panneerselvam. “The records, prima facie, reveal a shocking tale of how the criminal justice system was once again subverted by the collective effort of all concerned to ensure that the accused were released from the clutches of the law,” he said.
Noting that the court is “not oblivious of the fact that 10 years have rolled by since the order of the CJM, Sivagangai”, justice Venkatesh pointed out “disturbing details” of the case. “They disclose a grave illegality at every stage which shows a well-orchestrated plan. This is a case where a political personage has manoeuvred the DVAC, the state government and the court to ensure that the trial against him was derailed,” he said.