CHENNAI: The Madras High Court has ordered the discharge of former vice chancellor (V-C) of a state-run university and his family members from a disproportionate assets (DA) case registered by the DVAC in 2018.
The judgment was pronounced by Justice G K Ilanthiraiyan on a criminal revision petition filed by P Murugesa Bhoopathi, who had served as V-C of Tamil Nadu Agricultural University (TNAU), his wife Jansirani, son M Dinesh Kumar and daughter-in-law Krithika who prayed for setting aside the November 15, 2024, order of the special court for Prevention of Corruption (PC) Act cases which dismissed their discharge petition.
The DVAC had registered the FIR against them for amassing Rs 68.20 lakh disproportionate to known sources of income during the check period between June 1, 2006, and May 31, 2009, when Murugesa Bhoopathi was serving as a special PA to the then minister for agriculture. Murugesa served as professor when appointed as special PA. Later, he went on to become the V-C.
The FIR was registered in 2018 under various sections of the PC Act, 1988, and the IPC. The sanction for prosecuting him was obtained by the DVAC from the V-C of TNAU.
In the order passed on Friday, the judge referred to the advance amount and the properties acquired independently by the former V-C’s wife, son (both were doctors) and daughter-in-law, and said the value of the alleged disproportionate assets would not amount to Rs 68.20 lakh. “Thus, the prosecution has failed to consider the explanations and supporting materials of the accused with due application of mind. Consequently, the prosecution suffers from fundamental legal infirmities with regard to the validity of the sanction for prosecution and the computation,” the judge said.
Concurring with senior counsel R Shunmugasundaram, the judge said the court accepts the contention that a sanction order accorded by an incompetent authority would render the trial or the proceedings against the accused “a nullity”.
He concluded that there is no sufficient material to frame charges against the accused for the offences under Section 13(2) r/w 13(1)(e) of the PC Act, 1988, r/w 109 of the Indian Penal Code. Subsequently, he set aside the order of the special court and discharged the petitioners.
