NEW DELHI: In a major relief to Water Resources Minister M Duraimurugan and his wife D Shanthakumari in a disproportionate assets case, the Supreme Court on Monday stayed the Madras High Court’s order quashing their discharge by a trial court in the case.
A bench of Justices Dipankar Datta and Augustine George Masih also sought the response of the Tamil Nadu government on a special leave petition filed by the senior DMK leader and his wife against the HC order of April 24, 2025.
The petitioners had challenged the sanction for prosecution accorded by the Assembly Speaker, contending that it should have been obtained from the Tamil Nadu governor.
‘Nod to prosecute should have been taken from Governor’
The petitioners contended that since Duraimurugan was a minister at the time of commissioning of the alleged offence, the sanction for prosecution should have been obtained from the TN governor.
After hearing the submissions of senior advocates Mukul Rohatgi and P Wilson for the petitioners, the court stayed further proceedings in the case and directed the matter to be tagged along with similar cases pending before the apex court on the issue of authority to sanction prosecution in such cases.
The HC had allowed the revision petition filed by the state government to set aside the January 31, 2017 order of the Special Judge/ Chief Judicial Magistrate, Vellore, discharging them in the case registered on November 23, 2011.
According to the prosecution, police have registered the FIR against the petitioners for offences allegedly committed under Section 13(l) and 13(2) of the Prevention of Corruption Act, 1988.
It was alleged that when the petitioner was serving as a minister between May 13, 2006 and May 14, 2011, he had had pecuniary resources and properties disproportionate to his known sources of income.
The prosecution further alleged the petitioner and his wife amassed disproportionate assets worth Rs 1.40 crore during the check period.