CHENNAI: The Madras High Court on Monday fixed the dates for the final hearing of suo motu revision cases against the acquittal/discharge of six sitting and ex-ministers, including former Chief Minister O Panneerselvam, in disproportionate wealth cases and directed the respondents to file their counter-affidavits and written submissions by January 30.
Justice N Anand Venkatesh, who has initiated the suo motu revision against the orders of acquittal/discharge by special courts, said all the cases will be heard after 3 pm in order to avoid inconvenience caused to other litigants and sought the cooperation of all the counsels appearing for the respondents.
The judge announced that the cases against sitting ministers KKSSR Ramachandran (Revenue), Thangam Thennarasu (Finance) belonging to DMK, former Chief Minister O Panneerselvam and former minister B Valarmathi, both from AIADMK, are grouped together and will be heard from February 5 to 9.
The case against ex-minister K Ponmudy, who was recently convicted under the Prevention of Corruption Act case leading to his forfeiture of the post of minister, is scheduled for February 19 to 22 while the case against sitting minister I Periyasamy (Rural Development) is scheduled for February 12 and 13. Hearing in all the cases will commence at 3 pm.
The judge directed the respondents to file their counter-affidavits and written submissions on these cases by January 30.
“The scope of the review is the legality of filing final closure report (by DVAC), the legality of special courts accepting these final closure reports and acting upon as though these reports are superseded the charge sheet and whether a special court had consequently committed jurisdictional error in exercising powers under section 239 of CrPC to discharge the accused,” Justice Anand Venkatesh said while elaborating on the scope of the suo motu review cases.
He added that the court is “not looking into the order of discharge on merits” but confined to the “legality of filing final closure reports under 173(8) CrPC” and the legality of a trial court “accepting these reports” and acting upon them as if they supersede a report under 173(2) CrPC.
The Directorate of Vigilance and Anti-Corruption (DVAC) had registered these cases against sitting and former Ministers as and when there is a change of regime and filed the final closure reports suiting the interests of the party, which is in power, leading to acquittal/discharge by the respective special courts based on such reports.