NEW DELHI: The Registrar General (RG) of the Madras High Court, in his report submitted at the Supreme Court, stated that prior approval of the Chief Justice of the HC was not taken for exercising suo motu powers to restore corruption cases against a few former and sitting Tamil Nadu ministers. The RG, M Jothiraman, recently filed the report duly complying with the SC’s January 29 order made while hearing an appeal filed by sitting Tamil Nadu Minister for Revenue and Disaster Management KKSSR Ramachandran.
However, the file noting ‘seen’ was made by the CJ after single judge of the Madras HC Justice N Anand Venkatesh exercised his suo motu jurisdiction, revealed the RG’s 11-page submission, a copy of which was accessed by TNIE. The RG said when Justice Venkatesh knew about the discharge of certain ministers in the corruption case, he had no hesitation in exercising his revisional powers of suo motu under Article 227 and other sections of the Code of Criminal Procedure.
“As an effective instrument for administration of criminal justice, the HC keeps a constant vigil wherever it finds that justice has suffered, it takes upon itself as its bounden duty to suo motu act,” the RG in his reply, by quoting a verdict in Nadir Khan v/s State case.
Verdict passed in ’23 July was illegal: RG
The RG said the verdict passed on July 20, 2023 by the principal sessions judge at Special Court for MPs and MLAs in Srivilliputtur was illegal and, hence, in exercise of the power conferred under the CrPC, HC initiated suo motu power of revision against the trial court’s judgment.
The apex court’s division bench headed by Justice Hrishikesh Roy and comprising Justice Prashant Kumar Mishra had asked the registrar general to file a detailed response on the issue by February 5.
Minister Ramachandran had moved the SC challenging the HC’s suo motu proceedings against their discharge in alleged disproportionate assets cases by the trial courts. The two ministers were charged with amassing illegal wealth, during this period, which they denied any wrongdoing.
Virudhunagar principal district court in July 2023 had discharged three people, including minister Ramachandran and his wife, in the 2011 DA case.