NEW DELHI: In a major relief to Tamil Nadu Rural Development Minister, I Periyasamy, the Supreme Court in its order on Monday stayed the the trial court proceedings against him in connection with a corruption case.
The apex courts two-judge bench, led by Justice Hrishikesh Roy and also comprising Justice Prashant Kumar Mishra, pronounced the order after hearing an appeal filed by Periyasamy, who had moved an appeal before it challenging the Madras High Court's order for initiating the trial against him in the corruption case.
Lawyer Ram Sankar, appearing for Periyasamy, had earlier sought the SC's direction for deferment of trial and exemption from personal appearance in the graft case before a Chennai court.
Today, during the course of the hearing, Senior advocate Kapil Sibal, appearing for Periyasamy, said that even though the apex court granted him liberty to apply to the trial court for deferment of the trial, the same application was declined.
The trial court declined to defer the trial because of the High Court's direction to conclude the trial on or July 31, 2024.
After hearing Sibal's submissions, the top court stayed the trial court proceedings against Periyasamy in the case.
"This Court is examining the merit of the same judgment. We are of the view that the trial ordered by the trial court should not proceed while this court is considering the challenge by the accused. Accordingly, the proceedings is stayed until the next date of the hearing," the apex court said in its order.
Primarily, a trial court had on March 17, 2023, discharged Periyasamy on the corruption charges, due to lack of evidence. But on February 26, this year, the Madras HC had set aside the March 17, 2023 discharge order and ordered to initiate the trial against him.
Periyasamy then had moved to the Supreme Court by filing an appeal and challenging the HC order and sought reversal of it.
Senior lawyer Sibal, had argued that the prior sanction for his prosecution under Section 197 of the Indian Penal Code (IPC) 1860 and other provisions was indeed required to be obtained from the state governor, who under the law is the competent authority to grant such sanction. "But in this (sanction of prosecution) case, the sanction of prosecution is issued by the state assembly speaker," he pointed out.
The senior lawyer had also questioned that it was not a valid sanction of prosecution and made it clear that as sanction for the acts done in the capacity of a cabinet minister can only be granted only by the governor.
It is to be noted that Periyasamy, who served as the cabinet minister for housing and urban development in the DMK government from 2006-2011, has said he approved the allotment of a plot of land in favour of a person named Ganesan.
He, however, has claimed he did not take any bribe or benefited financially from his action.