The Supreme Court on Friday dismissed a special leave petition filed by former Tamil Nadu Chief Minister O. Panneerselvam against a Madras High Court decision to suo motu revive a disproportionate assets case against him.
A Bench of Justices Hrishikesh Roy and Prashant Kumar Mishra orally said that they had read the case file and did not want to intervene with the order of the High Court passed in August last year.
Seven months ago, Justice N. Anand Venkatesh of the High Court had initiated the suo motu revision of a December 2012 order of the Sivaganga Chief Judicial Magistrate. The magistrate had allowed the Directorate of Vigilance and Anti-Corruption to withdraw the case registered against the former AIADMK coordinator and his family members.
Senior advocate Jaideep Gupta, for Mr. Panneerselvam, pointed out that the case was revived after several years.
Leaving “all contentions open” for Mr. Panneerselvam to raise in the High Court, the Bench said certain observations made by the High Court in its August 2023 order should only be considered for the purpose of issuing notice and had no bearing in deciding the criminal revision finally.
Justice Venkatesh had similarly initiated suo motu revision petitions against other leaders in Tamil Nadu. These include against the acquittal of Higher Education Minister K. Ponmudy and the discharge of Revenue Minister K.K.S.S.R. Ramachandran and Finance Minister Thangam Thennarasu in disproportionate assets cases.
Mr. Panneerselvam had served as the Chief Minister for a few months and also as Minister for Public Works, Prohibition, Excise and Revenue during the AIADMK government of 2001-06. The DVAC had registered an FIR against him after the DMK returned to power in 2006.
The Sivaganga magistrate had granted consent to the prosecution to withdraw the case in December 2012, noting that “conducting a trial will only end in acquittal and this withdrawal is in the interest of justice as well as in the public interest”.
