SC Stays Madras HC Order Reinstating DA Case Against Former TN CM Panneerselvam & Family

A bench of Justice Hrishikesh Roy and Justice S V N Bhatti issued notice to the Tamil Nadu police and others on a plea filed by Panneerselvam.

"In the present matter concerned, the challenge is to the impugned order of single judge of the High Court judicature at Madras exercising powers of suo motu criminal revision, under Section 397 of the Code of Criminal Procedure Code, 1973. Issue notice," the bench directed.

In the meantime, the operation of the judgment was stayed by the Apex Court.

The High Court, on October 29, set aside a trial court order allowing the prosecution to withdraw the DA case against Panneerselvam and others while discharging the accused.

The High Court set aside the order of the chief judicial magistrate/special judge, Sivaganga, passed on December 3, 2012.

Restoring the trial, Justice N Anand Venkatesh said since two accused had died in the meantime, the proceedings against them were abated.

The trial court discharged them in the DA case in 2012.

The directorate of vigilance and anti-corruption (DVAC) alleged that Paneerselvam amassed assets in his name and those of his relatives that was 374 times disproportionate to his known sources of income during his tenure as the chief minister for four months and subsequently as the revenue minister between 2001 and 2006.

The High Court judge said pursuant to the constitution of the Special Court for MP/MLA cases, the jurisdictional court was now the court of Principal District and Sessions Judge (Special Court for Trial of MP/MLA Cases) in Madurai.

The CJM Sivaganga was directed to transmit the entire records to the Madurai court on or before November 27, 2024.

Upon receipt of the records, the High Court said the court of the principal district and sessions judge (special court for trial of MP/MLA cases) at Madurai, shall issue summons to the remaining six accused including Paneerselvam and then proceed further in accordance with the law.

On the appearance of the said accused, the special court at Madurai would obtain a bond under Section 88 of the CrPC with or without sureties as it deemed fit and necessary.

If any of the said accused adopt any dilatory tactics, it was kept open to the special court to cancel their bail and remand them to custody according to principles laid down by the Supreme Court, the High Court added.

The judge said the "final report on further investigation" dated November 2, 2012, filed by the DVAC shall now be treated as a supplementary report under Section 173 (8) of the CrPC.

As the case pertained to 2006, the Madurai special court was directed to ensure the matter was accorded priority and conduct day-to-day proceedings keeping in mind the directives of the apex court and dispose of the case as expeditiously as possible on or before June 31, 2025.

A compliance report was further directed to be filed by the special court at Madurai before the registrar general of the High Court.