SC stays Madras HC order restoring DA case against ex-TN CM Panneerselvam, family

A bench of Justices Hrishikesh Roy and S V N Bhatti issued notice to the Tamil Nadu police and others on a plea filed by Panneerselvam

The Supreme Court on Friday stayed the order of the Madras high court restoring corruption cases against former Tamil Nadu chief minister O Panneerselvam and his kin almost 12 years after he was discharged in the case in 2012.

The HC order required the trial judge to frame charges, conduct trial on a day-to-day basis and conclude trial by June 2025. (File photo)

A bench headed by justice Hrishikesh Roy stayed the October 29 order passed in a suo motu proceedings initiated by the high court, restoring the disproportionate assets (DA) case against him.

The high court order required the trial judge to frame charges, conduct trial on a day-to-day basis and conclude trial by June 2025.

Seeking response of the state government on the petitions filed by Panneerselvam and his kin, the court posted the matter for hearing after four weeks.

The bench, also comprising justice SVN Bhatti said, “In the meantime, operation of the judgment shall remain stayed.”

The direction under challenge was passed by justice Anand Venkatesh who set aside an order of the chief judicial magistrate (CJM) Sivaganga discharging the former CM and seven of his family members on December 3, 2012. The discharge order was passed after the state withdrew prosecution. Trial abated against two accused, including Panneerselvam’s wife P Vijayalakshmi who died since the discharge order.

Senior lawyers led by former Attorney General Mukul Rohatgi including senior advocates Abhishek Manu Singhvi and Siddharth Luthra appeared for the accused pointing out that in similar orders arising from suo motu proceedings initiated by justice Venkatesh against sitting ministers of the ruling Dravida Munnetra Kazhagam (DMK) government, the top court has issued notice and stayed HC order.

It was pointed out that under the Code of Criminal Procedure (CrPC), the trial judge is given the discretion to consider the material and decide whether a case is made out to proceed against the accused. However, this right of the trial judge was taken over by the HC which held that prima facie ground exists to proceed with framing of charge against the accused and conclude trial by June 30 next year.

Singhvi said, “There is a striking delay as the restoration of proceedings is happening after almost two decades.”

In the case of Pannneerselvam, the HC directed the case records to be sent to special court at Madurai due to a notification issued in 2011 designating all cases pertaining to MPs and MLAs to be transferred from Sivaganga court to Madurai.

Panneerselvam was elected to the Tamil Nadu legislative assembly from the Periakulam constituency on an All India Anna Dravida Munnetra Kazhagam (AIADMK) ticket in May 2001.

Between September 2001 to May 2002, he served as the chief minister in the state and proceedings were initiated against him after AIADMK was voted out of power in May 2006.

The Directorate of Vigilance and Anti-Corruption (DVAC) had registered the case against the former CM for accumulating wealth to the tune of ₹1.7 crore found disproportionate to his known sources of income while he was the chief minister and revenue minister in the state. In 2012, AIADMK came back to power pursuant to which DVAC closed the case leading to his discharge.