Madras High Court sets dates for final hearing of suo motu review cases against ministers
CHENNAI: The Madras High Court on Monday fixed the dates for the final hearing of the suo motu review cases against the acquittal/acquittal of six current and former ministers, including former chief minister O Panneerselvam, in the disproportionate assets case and directed the respondents to file their filings. Gave instructions. Their counter affidavits and written submissions by January 30.
Justice N Anand Venkatesh, who initiated the suo motu review against orders of acquittal/discharge by special courts, said all cases will be heard after 3 pm to avoid inconvenience to other litigants And he sought cooperation from all the lawyers. Appearing for the respondents.
The judge announced that the cases against sitting ministers KKSSR Ramachandran (Revenue), DMK-affiliated Thangam Thennarasu (Finance), former Chief Minister O Panneerselvam and former minister B Valaramathi, both from AIADMK, have been clubbed together and will be heard from February 5. There will be a hearing. 9.
The case against former minister K Ponmudi, who was recently convicted under the Prevention of Corruption Act case that led to the forfeiture of his ministerial berth, is scheduled for February 19 to 22, while that of current minister I Periyasamy (Rural Development ) has a case against. Scheduled for February 12 and 13. Hearing in all cases will start at 3 pm.
The judge directed the respondents to file their counter affidavits and written submissions on these matters by January 30.
“The scope of review is the legality of filing of final closure reports (by DVAC), the legality of special courts accepting these final closure reports and acting upon them as if these reports are in place of charge sheets and whether a special court has committed any jurisdictional offense as a result of this error in exercising powers under Section 239 of the CrPC to acquit the accused,” Justice Anand Venkatesh said while elaborating on the scope of suo motu review cases.
He said the court was “not looking into the order of discharge on merits” but rather “the validity of filing the final closure report under Section 173(8) of the CrPC” and the trial court’s “acceptance of these reports”. And is limited to the legality of taking action on it. They will be treated as if a report under 173(2) CrPC has been deleted.
The Directorate of Vigilance and Anti-Corruption (DVAC) had registered these cases against the present and former ministers after the change of power and filed a final closure report in line with the interests of the party in power, due to which they were acquitted. /Release by the concerned special courts on the basis of such reports.
