On 1st March,Supreme Court dismisses O Panneerselvam’s plea challenging Madras HC’s decision in a corruption case. The former TN CM faced allegations of amassing disproportionate assets during his tenure. The court’s ruling upholds the Madras HC’s suo motu revision against his discharge in the DA case.
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NEW DELHI: Today(On 1st March),the Supreme Court dismissed the challenge presented by former Tamil Nadu Chief Minister and AIADMK leader, O Panneerselvam, against a Madras High Court order. This order initiated Suo motu revision against his discharge in a criminal case, marking a crucial chapter in the legal trajectory of the prominent political figure.
The Bench of Justice Hrishikesh Roy and Prashant Kumar Mishra rendered the dismissal, stating-
“The SLP stands dismissed. We may, however, observe that the observations made by the learned judge in the impugned order… are to be considered only for the purpose of the notice order… in the Suo Motu Criminal RC No. 1524/2023, and those observations should have no bearing in deciding the criminal revision finally. All contentions are left open.”
The case against Panneerselvam revolves around his tenure as the Revenue Minister and Chief Minister of Tamil Nadu from May 19, 2001, to September 21, 2001, and March 2, 2002, to May 12, 2006. The allegations assert that during this period, he accumulated property and pecuniary resources disproportionate to his documented sources of income.
The Directorate of Vigilance and Anti-Corruption (DVAC) conducted a preliminary inquiry, leading to the registration of a case under the Prevention of Corruption Act. Subsequently, an investigation ensued, and sanction to prosecute was obtained. However, following a change in government, the DVAC filed a supplementary chargesheet, exonerating Panneerselvam, and sought to withdraw the prosecution.
On December 3, 2012, Chief Judicial Magistrate/Special Judge, Sivagangai, discharged Panneerselvam after allowing the withdrawal of the prosecution. Expressing reservations about this order and discovering prima facie material, Justice Anand Venkatesh of the Madras High Court initiated a suo motu revision, issuing notice to Panneerselvam. Importantly, this judge also exercised suo motu revision powers over orders discharging TN Ministers K Ponmudy, KKSSR Ramachandran, and Thangam Thenarasu.
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During today’s hearing before the Supreme Court, Senior Counsel Jaideep Gupta, representing Panneerselvam, argued that the prosecution in his regard was withdrawn by the prosecutor himself. Following the submissions,
Justice Roy remarked-
“I can tell you that we have read the impugned order and we feel that there are[] that would justify passing of such an order.”
Gupta, not further pressing on merits, emphasized that the observations in the impugned order are “anything but prima facie.”
He asserted-
“To go back before this Court where he says that these are admitted facts, It’s a little difficult.”
Justice Roy responded, stating-
“In the earlier round, we have said that it is for the Chief Justice…”
While the Supreme Court dismissed the Special Leave Petition (SLP), it made a crucial clarification. The observations in the impugned order shall not influence the criminal revision when it is finally heard. The legal proceedings were represented by Advocate on Record Goutham Shivshankar on behalf of O Panneerselvam.