DVAC acts like puppets in Muppets show: Madras High Court issues notice to OPS against discharge in DA case

The Madras High Court on Thursday issued notice to former Tamil Nadu Chief Minister O Paneerselvam (OPS), his wife and relatives, after initiating suo motu revision proceedings against his discharge in a disproportionate assets case in 2012..Justice N Anand Venkatesh directed OPS and the Tamil Nadu Directorate of Vigilance and Anti-Corruption (DVAC) to respond to the notice by September 27.The judge went on to describe the pattern by which the DVAC, which prosecutes cases of corruption by legislators, drops such cases when a new party comes into power."Thus the modus operandi is now all too obvious. At the centre of the plot is the DVAC. When a political party comes to power in the State of Tamil Nadu the DVAC swoops down on the opposition and clamps cases of corruption. However, no prosecution for corruption ends in five years which is the life span of an elected Government in the State. Invariably, the opposition is voted back to power and the DVAC, like the puppets in the Muppets show, will have to perforce sing a different tune in tandem with its political masters," the order stated..This is the fourth instance where Justice Venkatesh, who is also the portfolio judge for all courts hearing cases against Members of Parliament and Members of Legislative Assembly (MPs and MLAs) in the State, has initiated suo motu revision proceedings against current State ministers. The judge had earlier taken up the acquittal of Higher Education Minister K Ponmudi and the discharge of Ministers KSSR Ramachandran and Thangam Thennarasu..On Thursday, while explaining to Tamil Nadu Advocate General R Shunmugasundaram why he had taken up OPS’ case suo motu, Justice Venkatesh said he had begun examining all orders of discharge concerning State politicians and had found a similar pattern in all such orders.“We have come across a problematic pattern in cases pertaining to MPs and MLAs. The pattern is this: DVAC will file a case against opposition leaders. Every five years, there will be a change, but it happens. After that person becomes part of the ruling party five years later, the DVAC comes with something unheard of, called a final closure report,” Justice Venkatesh said..The judge further said that in the present case, the DVAC had filed its final report saying that OPS had assets in excess of 374 per cent to his known sources of income. The probe in the case had gone on for three years and over 250 witnesses had been examined after the case was registered in 2006. However, after the AIADMK came to power in 2011, and OPS became a Minister, the DVAC had a change of heart and filed a closure report leading to the discharge of OPS, his wife and all other co-accused persons in the case in 2012..The Court was referring to an order passed by the Sivaganga Chief Judicial Magistrate on December 3, 2012 permitting the DVAC to withdraw the disproportionate assets case registered against OPS and his co-accused persons.At the time of booking OPS and the others, the DVAC had claimed that the minister, his wife P Vijayalakshmi, son P Ravindranath Kumar, and brother O Raja had amassed wealth disproportionate to their known sources of income between May 19, 2001 and May 12, 2006.However, in 2012, the DVAC urged the Sivaganga CJM to close the case..“The prosecution goes to the CJM seeking withdrawal. And the court then says it appreciates the public prosecutor for taking this stand. It is shameful. If this is how the criminal justice system is going to work, let us come out and say this system is only for common people and doesn't apply to MPs MLAs at all,” Justice Venkatesh said..He added that if the High Court turned a blind eye to such “systemic failure”, then it will be failing in its constitutional duty.“A party, B party is not our headache. We have to only ensure that the system is not broken down. This case (against OPS) is the starting point,” the judge said..[Read Order]