Madras High Court revives DA case against former CM O Panneerselvam

The Madras High Court on Tuesday set aside a lower court’s 2012 order that permitted the Directorate of Vigilance and Anti-Corruption (DVAC) to withdraw a 2006 disproportionate assets case registered against former Tamil Nadu Chief Minister and AIADMK expelled leader O Panneerselvam (OPS), his wife and relatives.

Justice N Anand Venkatesh set aside the order passed by the Sivaganga Chief Judicial Magistrate’s court on December 3, 2012 by which the DVAC was allowed to withdraw the disproportionate assets case registered against OPS and his kin.

The Court asked how DVAC had initially filed a report saying that OPS had assets in excess of 374 percent but later discharged him when the AIADMK came to power in 2011.

Therefore, it restored the case against OPS and directed that the trial in the case be conducted before the "Principal Sessions Court in Madurai," a designated special court for hearing cases against legislators.

The High Court further said that the sessions court can cancel the bail granted to the accused if they adopt any “dilatory tactics in completing the trial.”

This is the fourth of the six cases 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.

In the present case, the High Court noted that 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.

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.