CHENNAI: The Madras High Court has quashed the detention of BT Arasakumar under the Goondas Act in connection with alleged bribery in issuing NOCs and renewing recognition of private schools. A division bench of justices N Sathish Kumar and K Rajasekar on Monday passed the order on a habeas corpus petition (HCP) filed by Arasakumar’s wife A Kokila. The bench directed his release if his detention was not required in any other cases.
The Central Crime Branch (CCB) of the GCP registered an FIR regarding an alleged `100-crore bribery case involving issuance of NOCs and renewal of recognition to private schools during the previous DMK government. Subsequently, the police arrested Arasakumar, the president of All India Private Educational Institutions Association, on June 27.
Kokila filed the HCP stating that the FIR was registered on a complaint lodged by DC Elangovan – an office-bearer of a private school association – over alleged collection of money from school managements. The allegations arose out of an internal dispute among the office-bearers that are purely civil in nature, she stated.
Senior counsel P Wilson submitted that charges were levelled against the detenu out of political animosity and the application filed to the government challenging the invocation of the Goondas Act was considered after a delay of 13 days.
Only guv can grant approval under Section 17A: Mahesh
Ex-minister Anbil Mahesh Poyyamozhi, one of the accused in the case, has filed a petition in the high court seeking to quash the FIR. He said prior approval was said to have been obtained under Section 17A of the Prevention of Corruption Act from the Public (SC) department.
Stating that the public secretary is not the competent authority to grant prior approval under Section 17A, Anbil Mahesh said only the governor is the competent authority to grant such approval. On Monday, Justice V Lakshminarayanan permitted him to dispense with the production of the impugned FIR while filing the petition and said the quash petition would be taken up for hearing on Wednesday if the numbering formalities are completed.