MADURAI: A division bench of the Madurai Bench of the Madras High Court has delivered a split verdict on a revision petition filed by one of the accused in the 2012 granite scam, challenging the dismissal of his discharge plea against proceedings under the Prevention of Money Laundering Act (PMLA). The matter has been referred to the chief justice of the high court for nomination of a third judge to decide the case.
The bench comprising Justices GR Swaminathan and R Poornima was hearing a plea by S Nagarajan, one of the directors of Olympus Granites Pvt Ltd. He had challenged the May 2024 order of the II Additional District Judge which refused to discharge him from the case.
Justice Poornima observed that there was prima facie material against Nagarajan and noted that courts need not weigh evidence in detail at the stage of framing charges. Only a prima facie connection with the crime is required, she said, and dismissed the revision petition. However, Justice Swaminathan disagreed, stating that the trial court’s order lacked proper reasoning .
Mere use of stereotyped expressions is not enough. Though the order need not resemble a conviction, it must contain a broad discussion of facts to show why the case should proceed, he said, recommending the order be set aside and the matter remitted to the trial court for fresh consideration.
Nagarajan and co-accused Durai Dayanidhi were booked for illegal mining of granite worth Rs 256.44 crore. The ED also filed a complaint before the PMLA special court, which took cognizance in 2020.