India : Trial Court and Vigilance connived to let off Corrupt Politicians, HC reopens the Case

Madras High Court

By Vineet Malik | September 1, 2023 | New York, United States of America

A game changing political turnaround in South Indian State leads to the Trial Court and Vigilance exonerate the two corrupt ministers in the matter pertaining to Prevention of Corruption Act

Justice N. Anand Venkatesh, a Madras High Court (HC) Judge last week initiated suo moto action by reopening a criminal case against two Dravida Munnetra Kazhagam (DMK Political Party) Ministers. The Finance Minister Thangam Thennarasu and Revenue Minister KKSSR Ramachandran are the main accused in the disproportionate assets matter registered against them.

In 2011, the Directorate of Vigilance and Anti-Corruption (DVAC) had collectively charged the accused for allegedly possessing assets of Rs.1,20,000,00/USD1,44,000 in disproportionate to their sources of income.

The HC said “It is too apparent that upon a change of power in the state, the identities of the accused and the prosecution were obliterated as all the players in the game suddenly found themselves belonging to the same team.

The HC termed the trial court order as wholly illegal in the eyes of law and stated “These illegalities having come to my notice, I have decided to exercise my powers under Sections 397 and 401 Code of Criminal Procedure and Article 227 of the Constitution of India, as I find that there is a calculated attempt to undermine and thwart the administration of criminal justice."

"When a manifest illegality committed by a criminal court comes to the notice of a constitutional court, it is the duty of the Court to set it right so that people retain faith in the criminal justice system.”

“The current approach of the special courts dealing with disproportionate cases against Members of Legislative Assembly (MLAs) and Members of Parliament (MPs) would end up in ‘writing a collective obituary’ to the cases under the Prevention of Corruption Act.”

“This is yet another instance of a criminal trial being derailed by the active design of those at the helm of political power. If this trend goes unchecked, our special courts would become a playground for all sorts of condemnable practices which are handcrafted and orchestrated to subvert and derail the criminal justice system."

Unfortunately, the judiciary had become part of an unholy alliance, said Justice Venkatesh.

The HC also observed, how the Investigating Officers (IOs) retracted to favor the accused after the change of political regime in the State in 2021.

The IOs who vehemently opposed the discharge petitions moved by the accused suddenly ‘attained enlightenment’ after the accused became ministers once again and filed a closure report in favor of defense.

“When IOs in corruption cases start dancing to the lullabies of politicians in power, the concept of fair and impartial investigation would be reduced to mere charade. This is precisely what has happened in this case.”

The net effect of the closure report of the present IO led to neutralizing the earlier findings of the final report that gave a clean chit to the accused.

The Principal Sessions Judge M. Christopher, Virudhunagar district in Srivilliputtur on the basis of final closure report filed by the DVAC exonerated the two ministers from the corruption case in December, 2022.

The Revelation reached out to the DMK Political Party Chief Minister (CM) of Tamil Nadu State M K Stalin twice to seek his comments on the recent development. The CM has failed to respond till date.

The Constitutional Court issued a notice to the two ministers, directed the registry to place the copy of the order before the HC Chief Justice for information and scheduled the next date of hearing for 7 September.