In a major reprieve to AIADMK general secretary and former Chief Minister Edappadi K. Palaniswami, the Madras High Court on Tuesday, July 18, 2023, dismissed a petition filed by Dravida Munnetra Kazhagam organising secretary R.S. Bharathi in 2018 seeking a Directorate of Vigilance and Anti Corruption (DVAC) probe into an alleged State highway tender scam.
Justice N. Anand Venkatesh held that the did not find any infirmity in the preliminary inquiry conducted by the DVAC in 2018 when a clean chit was given to the then Chief Minister and therefore there was no necessity for the DVAC to conduct yet another preliminary inquiry just because of a change of regime in the State.
The 2018 petition was actually disposed of by another single judge of the High Court on October 12, 2018 by ordering a Central Bureau of Investigation (CBI) probe into the alleged highway tender scam. The order was passed without reading the preliminary inquiry report submitted by the DVAC in a sealed cover.
Hence, Mr. Palaniswami took the order on appeal to the Supreme Court and on August 22, 2022, a three judge Bench led by the then Chief Justice of India N.V. Ramana set aside the High Court order and wondered how the single judge could have commented upon the DVAC probe without even opening the sealed cover.
The Supreme Court Bench remanded the matter back to the High Court with the observation: “We remit the matter back to the High Court to consider the matter afresh including the preliminary report filed by respondent number 2 (DVAC) against the appellant and pass appropriate orders in accordance with law.”
After such remand, when the 2018 petition was listed before Justice Venkatesh on July 6 this year, the counsel for Mr. Bharathi requested the leave of the court to withdraw the petition since the DVAC had now decided to conduct a fresh preliminary inquiry. However, advocate M. Mohammed Riyaz for Mr. Palaniswami opposed such plea vehemently.
Thereafter, Senior Counsel C. Aryama Sundaram, appeared for the former Chief Minister and insisted that Mr. Bharathi’s petition must be disposed of on merits after opening the sealed cover and considering the 2018 preliminary inquiry report as ordered by the Supreme Court. Justice Venkatesh did so and did not find any illegality in that report.
