SC Stays Proceedings Against Tamil Nadu Minister Periyasamy In Corruption Case

A bench of Justice Hrishikesh Roy and Justice Prashant Kumar Mishra said since the Apex Court is examining the appeal of the minister, who has challenged a February 26 Madras High Court order which set aside the trial court order discharging him in the case, the proceedings in the matter need to be stayed.

Senior Advocate Kapil Sibal, appearing for Periyasamy, said the Apex Court had granted Periyasamy the liberty to approach the trial court for deferment of the proceedings but his application was dismissed.

"The trial court said that the high court has fixed a time frame for completing the trial and hence dismissed my application for deferment of proceedings," the Senior lawyer said.

The bench then passed the order for stay of proceedings before the court in Chennai.

In an application filed through advocate Ram Sankar, Periyasamy sought the apex court's direction for deferment of trial and exemption from personal appearance in the graft case before a Chennai court.

The minister filed an appeal in the top court against the February 26 order of the high court, which set aside the March 17, 2023 discharge order of the trial court.

The Apex Court had on March 18 noted Sibal's submission that prior sanction for his prosecution under Section 197 of the Indian Penal Code, 1860 and Section 19(1) of the Prevention of Corruption Act, 1988 was required to be obtained from the state governor, who under the law is the competent authority to grant such sanction.

Sibal had submitted that in this case, the sanction for Periyasamy's prosecution was issued by the state assembly speaker and was limited to the allegation under the Prevention of Corruption Act, 1988.

The Senior lawyer had contended that such sanction from the speaker would be of no use for valid prosecution as sanction for the acts done in the capacity of a cabinet minister can only be granted by the governor.

Periyasamy, who earlier served as the cabinet minister for housing and urban development in the DMK government in 2006-2011, has said he approved allotment of a plot of land in favour of a person named Ganesan. He has claimed he did not take bribe or benefited financially from his action.

"The trial court discharged the petitioner herein for want of sanction under Section 197 CrPC, whereas as stated above the high court set aside the same. The Petitioner herein filed the Special Leave Petition before this court inter alia pointing out that sanction under Section 197 CrPC is mandatory," he has said in his application.

On February 26, the high court set aside the trial court order discharging Periyasamy from the corruption case and directed him to stand trial.

With PTI Inputs