CHENNAI: Refusing to discharge Tamil Nadu Electricity Minister V Senthil Balaji from corruption cases filed against him in connection with a job scam during his tenure as transport minister in 2011-15 in the AIADMK government, the Madras High Court on Monday ordered a fresh inquiry into two such complaints.
Justice V Sivagnanam dismissed the revision petition filed by Balaji seeking to discharge him from corruption cases pending before the special court for cases against MPs/MLAs. The Central Crime Branch (CCB) of the Chennai City Police had registered three FIRs against Senthil Balaji and his supporters in the job racket case. The HC had quashed one FIR while two were pending due to an interim stay. In the meantime, the Supreme Court ruled against the quashing of the FIR.
Following the CCB FIRs, the Enforcement Directorate (ED) registered a case under the Prevention of Money Laundering Act (PMLA) against Senthil Balaji and others.
HC interim stay proved hurdle for probe agency
However, the central agency could not proceed further due to an interim stay granted by a division bench of the HC. While refusing to discharge Senthil Balaji, the judge ordered ‘de nova’ investigation into two of the complaints regarding the fraud, without reference to the earlier investigation on record. The order was passed on a petition filed by one of the accused in the case seeking a fresh investigation.
“The investigation should be conducted ab initio comprehensively covering all aspects including as to whether offences under the Prevention of Corruption Act are made out against the accused and collected from evidence,” Justice Sivagnanam said in his order.
He also said the special court for cases against MP/MLAs will be at liberty to exercise power under Section 216 of the CrPC (adding/altering charges) if there is any reluctance on the part of the State/Investigating Officer.
Further, on completion of the investigation, if the IO makes out a case for cognizance of offence against the accused persons, then he shall provide the relevant materials and documents to the ED to enable it to proceed with the money laundering offence, the judge said in his order.
Spl court can add or alter charges: HC
“Investigation should be conducted ab initio covering all aspects including whether offences under the Prevention of Corruption Act are made out against the accused,” Justice V Sivagnanam said in his order