Madras HC order for CBI probe against EPS axed by SC
The HC, however, passed the order without considering the DVAC report, and the SC must examine the report, Sundaram said.
NEW DELHI: The Supreme Court on Wednesday set aside a Madras High Court ruling ordering a CBI probe into allegations of corruption against former chief minister and AIADMK leader Edappadi K Palaniswami in awarding road contracts.
A bench of Chief Justice NV Ramana and Justices Krishna Murari and Hima Kohli asked the HC to decide on the complaint against Palaniswami without being influenced by earlier observations or orders passed in the matter.
The Madras High Court, after taking note of the plea of DMK leader RS Bharathi, had in October 2018 passed the order transferring the probe on his complaint of tender irregularities to CBI for “fair, reasonable and transparent probe”.
“We don’t want CBI. We want an independent investigation,” senior advocate Kapil Sibal, appearing for Bharathi, told the apex court on Wednesday. Senior advocate Aryama Sundaram, appearing for Palaniswami, said a report filed by the Directorate of Vigilance and Anti-Corruption (DVAC) had exculpated Palaniswami.
The HC, however, passed the order without considering the DVAC report, and the SC must examine the report, Sundaram said. The SC bench, however, said it will ask the HC to take a fresh decision and remitted the matter to the Madras HC.
“Let the HC examine the (inquiry) report. Without going into the details of the matter, we request the high court to look into the reports submitted there and pass an appropriate order after examining the report...We set aside all the observations that will not come in the way of the fresh consideration of the matter,’ the bench said. RS Bharathi had filed a petition in the high court accusing Palaniswami of misusing his official position.