Supreme Court rejects DVAC plea for fresh probe against former Tamil Nadu CM E Palaniswami in corruption case

The Supreme Court on Friday dismissed a plea by the Tamil Nadu Directorate of Vigilance and Anti-Corruption (DVAC) which had sought to initiate a fresh investigation against former Tamil Nadu Chief Minister Edappadi K Palaniswami. [The Director of Vigilance and Anti-Corruption v. Edappadi Palaniswami and Anr]..A bench of Justices Bela M Trivedi and Satish Chandra Sharma has upheld a Madras High Court order in this regard, which had earlier dismissed the plea for a probe into alleged irregularities in the award of tenders for State highway projects. ."We will not interfere with the order. It is absolutely perfect," the Court orally observed, before eventually dismissing the DVAC's plea. .The DVAC had challenged the Madras High Court's dismissal of a petition filed in 2018 by Dravida Munnetra Kazhagam (DMK) member RS Bharathi seeking a probe against former Tamil Nadu Chief Minister Edappadi K Palaniswami (EPS).Bharathi had contended that EPS caused the State exchequer a loss of around ₹4,800 crores.Apart from dismissing this plea, the High Court had also taken strong objection to the decision of the DMK-led Tamil Nadu government to conduct a fresh probe against the All India Anna Dravida Munnetra Kazhagam (AIADMK) leader.The High Court had noted that the DVAC had already given a clean chit to EPS in 2018 and, therefore, there was no reason to order a fresh probe merely because there had been a change in the regime in the State in 2021.It further deprecated the practice of political parties using courts as playgrounds to play political games. .Senior Advocate Dushyant Dave appeared for the DVAC before the Supreme Court on Friday and challenged the High Court's findings."Change in government allows us to investigate afresh. I will show judgments...Does the law not permit further investigations? Court is not letting me, to that extent lordships may protect ... High Court is saying another probe cannot be conducted. He was as CM in-charge of PWD. New government wanted enquiry, that cannot be stalled," he argued..This is a serious case of corruption and a fresh probe must be permitted, Dave added..The Court, however, was not convinced by the submissions and dismissed the DVAC's plea. .Notably, the listing of this matter before the bench led by Justice Trivedi had recently generated some controversy..Dushyant Dave objects to change of benches in sensitive cases before Supreme Court; writes to CJI DY Chandrachud.The DVAC had questioned why there was a change in the bench hearing the case since it was earlier listed before the bench led by Justice Aniruddha Bose, who was senior to Justice Trivedi.Senior Advocate Dushyant Dave, representing the DVAC, had submitted, "It is wrong that matters before Justice Aniruddha Bose are being listed here."The advocate-on-record in the case had also written to the Registrar (Listing) and stated that as per the rules, the matter should have been listed before the bench of Justice Bose..Will not permit bench hunting; case follows judge to whom it has been assigned: Supreme Court Registry