CHENNAI: A GO dated September 24 of the State government, which transferred the matter relating to alleged irregularities to the tune of Rs 375 crore in constructing the State Assembly and Secretariat buildings at Omandurar Government Estate on Anna Salai to the DVAC, was set aside by the HC on Thursday. When the mission of the one-man commission headed by Justice R Regupathi, constituted by former CM Jayalalithaa’s government in 2011 was incomplete and there was no report based on which the government can proceed further, the impugned GO was issued without jurisdiction and the same cannot be sustained and it is liable to be quashed, Justice Pushpa Sathyanarayana said.
The judge was allowing two writ petitions, one from DMK president M K Stalin and the other from treasurer Duraimurugan, challenging the GO and a consequential letter dated September 28. Earlier, petitioners’ senior counsel P Wilson submitted that the GO was issued pursuant to the interim order passed on August 3 last in the miscellaneous petitions filed by former DMK president M Karunanidhi and another. No final order could be passed as Karunanidhi died.
The cause of action for these two petitions existed no longer with his death and hence the petitions were closed on September 20. In view of the merger of the interim order with the final order, there could not be any further proceedings that could be made pursuant to the interim order, counsel argued.
Moreover, a single judge, while passing orders on the two writ petitions, had indicted the Commission and ordered its winding up and specifically directed it to handover all the records, reports of the investigating agencies, statements and the evidence collected to government.
On receiving them, the government should scrutinise them and if a prima facie case was found, then only criminal prosecution should be instituted. However, a reading of the GO would show that the government did not do so. It had simply forwarded the documents to DVAC and proceed with the probe, counsel said. Concurring with him, the judge opined that this is prima facie against the tenor of the order passed by single judge.
Since no subjective satisfaction of the govt is arrived at before handing over the papers to DVAC, it has to be held that the GO was passed in violation of the interim order passed by the court, the judge said. The judge also noted that the interim order was passed on August 3.
One of the accused Karunanidhi died on August 7. Justice Reghupathi demitted office on August 10 and the petitions were closed (as abated) on Sept 20. The GO was passed on Sept 24, without realising the fact that the Commission of Inquiry had not even filed a report based on the material collected. Though government had ample time, it passed the GO hastily, the judge said.
Murugadoss gets breather till Dec 20
Chennai: Extending the validity of its earlier interim order, the HC has directed police not to arrest A R Murugadoss, director of Tamil feature film `Sarkar’ starring Vijay, till December 20 Justice G K Ilanthiraiyan extended the time while passing further interim orders on the anticipatory bail application from Murugadoss on Thursday. Originally, Devarajan of Sembium lodged a complaint to arrest the director under the National Security Act (NSA) for criticising the welfare schemes of the State by including scenes which depicted burning of freebies given by govt. This had created a law and order issue in the State, he alleged.
Key accused
turns arrpover
Chennai: Trial in the sensational 2013 Dr SD Subbiah murder case is finally making a headway. One of the key accused has turned approver. Subbiah’s murder on September 14, 2013 close to the hospital at RA Puram where he was working shocked the city. Police booked 10 and said the murder was due to a long-pending property dispute in Kanniyakumari. P Iyappan, one of the accused who allegedly accompanied the assailants and drove the bike for them, on Tuesday and Thursday appeared before the trial court judge MN Senthil Kumar and deposed that he was turning approver because his “conscience pricked him.”