Madras High Court Revisits Former Tamil Nadu CM O. Paneerselvam’s Discharge in Disproportionate Assets Case
In a significant move, the Madras High Court, under the bench of Justice Anand Venkatesh, has decided to re-examine the decade-old order from a Sivaganga court that discharged former Tamil Nadu Chief Minister O. Paneerselvam in a disproportionate assets case.
This decision comes on the heels of the court reopening corruption cases against ruling Dravida Munnetra Kazhagam (DMK) ministers. The court’s intervention was prompted after DMK’s organising secretary RS Bharati accused Justice Venkatesh of selectively revisiting cases related to DMK leaders. Bharati questioned why cases involving AIADMK leaders like O. Paneerselvam, Valarmathi, and Natham Viswanathan hadn’t been reconsidered.
Justice Venkatesh had previously reviewed orders that discharged DMK ministers KKSSR Ramachandran and Thangam Thennarasu in separate disproportionate asset cases. These cases were initiated by the Directorate of Vigilance and Anti-Corruption (DVAC) during the AIADMK regime, but the ministers were later discharged by district courts.
Detailing the case against Paneerselvam, Justice Venkatesh criticized the proceedings and lambasted the DVAC. He observed a
“well-orchestrated modus operandi”
where the DVAC, influenced by a change in government, filed a supplementary chargesheet, effectively nullifying the initial chargesheet. This was done under the pretext of further investigation, leading to the prosecution withdrawing the case based on the second chargesheet which exonerated the accused.
Justice Venkatesh remarked,
“It requires nothing more than the aforesaid reasons (or the lack of it) to show that the so-called satisfaction expressed by the Speaker is a complete sham. The conclusions in the order of the Speaker leads this Court to ponder as to whether A1 O.Panneerselvam was under the impression that the Special Court at Sivagangai was temporarily functioning out of the Speaker’s Chamber at Fort St George.”
Highlighting the DVAC’s shifting stances, Justice Venkatesh stated,
“People manning the DVAC are expected to be independent. Unfortunately, the DVAC is becoming a chameleon and taking colour from the government depending on who is in power.”
He further added,
“The DVAC toed the line and decided to do the Government’s dirty work.”
The court emphasized that despite the case being closed in 2012, the facts revealed grave illegalities at every prosecution stage. Justice Venkatesh noted,
“It is clear that where the High Court fails to exercise its suo motu powers despite noticing glaring illegalities, it would be causing miscarriage of justice by perpetuating the illegalities.”
Given the gravity of the situation and the potential miscarriage of justice, the court has decided to exercise its powers under Section 397 and 401 CrPC and Article 227 of the Constitution, ordering a notice to the Minister and informing the Chief Justice of the proceedings.
