CHENNAI: Madras High Court has set aside the trial court order discharging Tamil Nadu Rural Development Minister I Periyasamy from a case of alleged irregularities committed while allotting a government plot for a security officer of late former Chief Minister M Karunanidhi.
It also ordered the trial court to recommence the trial and complete it by July 2024. Justice N Anand Venkatesh, who had initiated a suo motu revision of the trial court order, passed the verdict on Monday.
Setting aside the order of the special court for the trial of MP/MLA cases, he directed the court to re-transmit the case records to the additional special court for MP/MLA cases. Upon such transmission, the case shall stand restored to the file of the additional special court in its original case number.
He said the case document transfer and restoration of the case shall be completed within one month, on or before March 26, 2024.
“All the accused shall appear before the special court on March 28. Upon such appearance, all the accused shall furnish a bond of Rs. 1 lakh each,” Justice Anand Venkatesh ordered.
He has set a five-month deadline for completion of the trial. “The court shall, as far as practicable, conduct a trial on a day-to-day basis and complete the trial on or before July 31, 2024.”
A compliance report shall be sent to the Registrar General of the High Court, he instructed the trial court. Further, the judge warned of arrest if the accused persons tried to drag the case.
“If the accused persons adopt any dilatory tactics, it is open to the trial court to insist upon their presence and remand them to custody,” Justice Anand Venkatesh said in the order.
He, however, said the trial court shall decide the case on merits without being influenced by the observations made by him during the hearing of the suo motu revision since the court had not examined or commented upon the merits of the case.
Background
Justice Anand Venkatesh initiated the suo motu revision of the trial court order, last year, against Periyasamy, along with the ones against sitting ministers KKSSR Ramachandran, Thangam Thennarasu, former Chief Minister O Panneerselvam and former minister B Valarmathi finding a pattern in their discharge/acquittal in the corruption cases.
The special court for MP/MLAs cases in Chennai, in March 2023, discharged Periyasamy from the case on the ground that sanctions for the prosecution were not obtained from the Governor, who is the competent authority; and so, further trial non est (those orders which can be ignored altogether) , and serves no purpose.
After the regime change in 2011, the DVAC registered the FIR under sections of IPC and PCA for alleged irregularities committed in allotting the plot to the Ganesan, who had served as a personal security officer to Karunanidhi, under the government discretionary quota when Periyasamy held the portfolio of Housing department during 2006-11 DMK regime.
Earlier, former Tamil Nadu Minister Senthil Balaji was arrested by the Directorate of Enforcement (ED) on June 14 in connection with a money laundering case linked to an alleged cash-for-jobs scam when he was the Transport Minister during an earlier AIADMK regime. Senthil Balaji recently tendered his resignation, eight months after his arrest by the ED.
Another Tamil Nadu Minister facing corruption charges is Higher Education Minister K Ponmudy. He was sentenced to 3 years simple imprisonment by the Madras High Court on December 21 in a disproportionate assets case. The Supreme Court on January 12 granted him and his wife interim relief from surrendering before the trial court.
Last year, the Income Tax Department conducted searches at multiple premises allegedly linked to Minister EV Velu.
(With online desk inputs)
