Madras High Court to examine all verdicts delivered by special courts for MP/MLA cases following complaints of illegalities

Madras HC to review all special court verdicts in MP/MLA cases due to complaints of many corruption cases being withdrawn or watered down. Justice Venkatesh said the case of former CM O. Panneerselvam revealed a shocking tale of how the criminal justice system was “subverted” to ensure his release. He lamented the abysmal depths to which special courts have sunk and ordered notices to DVAC and accused in suo motu revision.

Observing that citizens must never get the impression of courts being playfields for the rich and the powerful and also criticising the Directorate of Vigilance of Anti Corruption (DVAC) sleuths for acting like “puppets in The Muppet Show” depending upon the political party in power, the Madras High Court has decided to test the correctness of all judgements passed so far by special courts for MP/MLA cases across the State.

Justice N. Anand Venkatesh on Thursday, said he had begun examining all special court verdicts due to complaints of many corruption cases against the legislators having been withdrawn or watered down, during every change of regime in the State. The judge disclosed this before taking up a suo motu revision against the 2012 withdrawal of prosecution against former Chief Minister O. Panneerselvam and his family members.

The judge said, Mr. Panneerselvam’s case had led to the devising of a modus operandi, which was subsequently followed by incumbent Revenue Minister K.K.S.S.R. Ramachandran and Finance Minister Thangam Thennarasu to get discharged from the disproportionate assets cases against them. “As the judge in charge of MP/MLA cases in this State, this court has a Constitutional duty to ensure that the streams of criminal justice are kept pure and unsullied,” he wrote.

Justice Venkatesh said, the records in the case against Mr. Panneerselvam, prima facie, reveal a shocking tale of how the criminal justice system was “subverted by the collective effort” of all stakeholders to ensure that the accused were released from the clutches of law.

The DVAC had registered the case in 2006, when the DMK returned to power after five years of AIADMK rule, and filed a charge-sheet too, in 2009, before the Theni Chief Judicial Magistrate. The charge sheet was filed on July 30, 2009 after examining 272 witnesses, collecting 232 documents and on finding that the former Chief Minister and his family members had amassed wealth 374% times disproportionate to their known sources of income. On June 9, 2009, the then Speaker R. Avudaiappan too, had granted sanction for prosecution. The Special Court took cognisance of the charge-sheet and issued summons to the accused.

On May 3, 2011, just a fortnight before the AIADMK returned to power in the State, a government order was issued constituting a special court in Madurai for the Prevention of Corruption Act cases. “Mysteriously and very curiously,” the Theni CJM continued to hear the case against Mr. Panneerselvam, who assumed charge as Finance Minister on May 16, 2011, despite the constitution of the special court and even ordered further investigation on October 4, 2011.

Justice Venkatesh said, ordering further investigation on the basis of a petition taken out by the accused was unknown to law because such a course could be followed only at the instance of the investigating agency or the court. He also said: “The records reveal that the aforesaid order for further investigation was not wholly borne out by the CJM’s apparent lack of knowledge in criminal law. There was clearly something seriously amiss.”