Giving reasons for having taken suo motu revision against the discharge of Revenue Minister K.K.S.S.R. Ramachandran and Finance Minister Thangam Thennarasu from disproportionate assets cases, the Madras High Court on Wednesday said: “There are several things that are seriously amiss. The accused, the prosecution and the special court have acted in tandem to reduce the administration of criminal justice system to a complete farce.”
Justice N. Anand Venkatesh, holding the portfolio for cases against MPs and MLAs in the High Court, pointed out that the Directorate of Vigilance and Anti Corruption (DVAC) had registered the two cases in 2011 and filed charge-sheets in 2012. However, after the accused became Ministers once again in 2021, the DVAC did a volte face by filing a closure report, and the special court for MP/MLA cases in Srivilliputtur accepted it.
He wondered how the special court, which had already taken cognisance of the charge-sheets in 2013, could have accepted the closure reports filed by the DVAC in October 2022 after taking up further investigation in the two cases in September 2021. “There was nothing ‘further’ about the ‘further investigation’ except the fact that it was designed to further the objectives of the accused,” the judge wrote in his order deciding to take up the suo motu revision.
Justice Venkatesh said a further investigation conducted by the police could have only resulted in the filing of a supplementary charge-sheet and not a closure report. However, in the present cases before the court, the DVAC had actually conducted a de novo investigation or re-investigation, in the guise of further investigation, and completely wiped out the previous charge-sheets filed in 2012. Such a course was not permissible under law, he added.
“The strange and bizarre procedure adopted by the investigation agency and acquiesced to by the Special Court is unknown to criminal law....By doing so, the special court ensured that the original final report (2012 charge-sheet) indicting the accused was completely swept under the carpet by giving it a quiet and indecent burial by blindly accepting the so called ‘final closure report’ of the new investigating officer,” the judge said.
He went on to state: “The approach of the special court appears to be ex-facie illegal and cannot stand scrutiny even for a moment. The special court decided to literally play the role of Lady Justice by blindfolding itself to the deliberate and devious plot that was unfurling before it. The approach of the special court can find few parallels, and if such jugglery is to be emulated elsewhere, the special courts trying MP/MLA cases in this State would be writing a collective obituary to the cases under the Prevention of Corruption Act.”
The judge concluded his order stating: “It is all too apparent that upon a change of power in the State in 2021, the identities of the accused and the prosecution were obliterated as all the players in the game suddenly found themselves belonging to the same team. Realising this, the umpire, i.e., the special court, appears to have decided that the wisest course open to it was to get itself out hit wicket. This, therefore, is yet another instance of a criminal trial being derailed by the active design of those at the helm of political power.”
He went on to warn: “If this trend goes unchecked, our special courts meant for MP/MLA trials would become a playground for all sorts of condemnable practices which are handcrafted and orchestrated to subvert and derail the criminal justice system.”
Before the judge pronounced the order in open court, Advocate General R. Shunmugasundaram requested him to give him an opportunity of hearing since the order might end up causing a stigma on the DVAC officials.
However, the judge told the A-G that he had passed the order only for the purpose of ordering notice to the prosecution as well as the accused in the suo motu revision petitions, and that the law officer could make his submissions during the next hearing on September 20.
