Madras High Court refuses to recall order on CBI probe against ex-AIADMK Minister Rajenthra Bhalaji

Madras High Court refuses to recall CBI probe order in cash-for-job case against former AIADMK Minister.

The Madras High Court on Tuesday (April 29, 2025) refused to recall an order passed by it on January 6 ordering a Central Bureau of Investigation (CBI) probe in a cash-for-job case registered against former AIADMK Minister K.T. Rajenthra Bhalaji and another partyman in 2021.

Justice P. Velmurugan rejected a recall petition filed by the Inspector of Police, Virudhunagar District Crime Branch police, after taking note that the prosecution had already approached the Supreme Court challenging the High Court’s order and even obtained interim orders.

Filing an affidavit in support of the recall petition, M. Uthyasoorian, Deputy Superintendent of Police, Virudhunagar DCB, said, cases should be transferred to the CBI only in exceptional circumstances and that such power must be exercised by the courts sparingly as held by the Supreme Court in multiple decisions.

The DSP also stated that only cases that were pending investigation could be transferred from one agency to another. In so far as the case against the former Minister was concerned, the investigation had been completed and only the sanction to prosecute him had to be obtained from the competent authority, he said.

Citing a 2022 Supreme Court verdict on High Court’s power to recall its orders on account of procedural errors, the DSP said: “In the present case, the process of investigation has been completed but the court has directed the CBI to conduct investigation and file a final report. Hence the transfer of investigation, which has already been completed, is an error apparent on the face of law.”

The DSP also brought it to the notice of the High Court that the Supreme Court had on January 8, 2025 granted six weeks time for the police to obtain sanction for prosecution and hence the order passed by the High Court on Janaury 6, 2025 for a CBI probe must be recalled.

Justice Velmurugan had ordered the tranfer of the investigation from the Virudhunagar DCB (DCB) to CBI after being displeased over the delay in obtaining sanction to prosecute the former Minister despite multiple opportunities given to the prosecution to do so.