The Madras High Court on Monday has overturned a special court’s decision to close a case against Tamil Nadu Minister I Periyasamy, related to illegal land allotment charges. The High Court’s directive mandates that Periyasamy, who served as the Housing Minister during the DMK regime, will now have to stand trial, marking a significant move in the fight against corruption in political ranks.
Justice Anand Venkatesh, presiding over the case, criticized the special court’s previous order as a “gross illegality” and emphasized the importance of maintaining public trust in the criminal justice system, especially concerning politicians.
Justice Venkatesh remarked, highlighting the court’s commitment to upholding justice and transparency.
Justice Venkatesh highlighted the potential damage to the criminal justice system’s legitimacy and the erosion of public trust if legislators and ministers implicated in corruption cases are able to circumvent the trial process as observed in this scenario. He stressed, highlighting the court’s commitment to upholding justice and transparency,
“The legitimacy of the administration of criminal justice will be eroded and public confidence shaken if MLAs and Ministers facing corruption cases can short-circuit criminal trials by adopting the modus operandi that has been carried out in this case. The public should not be led to believe that a trial against a politician in this State is nothing but a mockery of dispensing criminal justice. A Constitutional Court is duty-bound, under the Constitution, to ensure that such things do not come to pass,”
underscoring the judiciary’s obligation to maintain the integrity of the legal process.
Additionally, Justice Venkatesh corrected the special court’s misinterpretation of Section 19 of the Prevention of Corruption Act, which it wrongly applied by asserting that only the Governor was the appropriate authority for sanctioning Periyasamy’s prosecution, given his status as a state government employee rather than a federal one.
He further elaborated on the special court’s error in discharging Periyasamy, stating,
“The Special Court discharging the 2nd respondent (Periyasamy) from the case on the ostensible ground of a supposed defect/invalidity in sanction under Section 19 of the P.C Act, 1988 suffers from manifest perversity and gross illegality. It is also tainted by procedural impropriety as the Special Court had acted in open defiance of the order dated 11.11.2022 passed by this Court in Crl.R.C 1112 of 2015, Crl.R.C 957 and 983 of 2016 dismissing the first round of discharge petitions and directing the Special Court to proceed with trial. To compound the illegality, the Special Court has discharged the 2nd respondent (A3) from the case for all eternity as if the order of discharge on the ground of want of sanction operated as an acquittal,”
pinpointing the special court’s defiance and procedural missteps in handling the case.
The case against Periyasamy dates back to his tenure as Housing Minister in March 2008, when he allegedly facilitated the irregular allotment of a Tamil Nadu Housing Board (TNHB) plot to the personal security officer of former Chief Minister M Karunanidhi. The Directorate of Vigilance and Anti-Corruption (DVAC) initiated legal proceedings against Periyasamy after the AIADMK government took office in 2011.
Despite the High Court and the Supreme Court upholding a special court’s decision to dismiss Periyasamy’s discharge plea in 2022, the minister filed another petition in February 2023, challenging the validity of the sanction for prosecution. The special court’s decision to discharge Periyasamy in March 2023 was met with controversy, leading to the High Court’s recent intervention.
Justice Venkatesh’s ruling not only sets aside the special court’s discharge order but also mandates the resumption of the trial, reinforcing the judiciary’s role in ensuring accountability among public officials. The High Court’s decision underscores the principle that legal loopholes should not be exploited to evade justice, particularly in cases involving allegations of corruption.
The trial is set to recommence, with Periyasamy and his co-accused expected to appear before the special court on March 28. This case represents a pivotal moment in Tamil Nadu’s legal landscape, as it reaffirms the judiciary’s commitment to combating corruption and upholding the rule of law, ensuring that public officials are held to account for their actions.
Also read- Assam’s Repeal Of Muslim Marriage Law Sparks Controversy And Debate (lawchakra.in)
READ ORDER
