Relief For Former Tamil Nadu CM OPS In Disproportionate Assets Case, Supreme Court Accepts Challenge To Madras HC Order
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Relief For Former Tamil Nadu CM OPS In Disproportionate Assets Case, Supreme Court Accepts Challenge To Madras HC Order
Arjun Brij
Nov 29, 2024, 03:38 PM | Updated 03:38 PM IST
O Panneerselvam
O Panneerselvam
The Supreme Court on Friday (29 November) stayed proceedings in the disproportionate assets case against former Tamil Nadu Chief Minister O Panneerselvam (OPS), his wife, and his in-laws.
The bench comprising Justices Hrishikesh Roy and SVN Bhatti sought responses from the Tamil Nadu Police and the original complainants to Panneerselvam’s appeal challenging the Madras High Court’s decision to reinstate the case.
The case originated in 2006 when the Directorate of Vigilance and Anti-Corruption (DVAC) filed charges alleging that OPS had amassed property and assets disproportionate to his known sources of income during his tenure as Revenue Minister and Chief Minister between 2001 and 2006.
The allegations claimed assets exceeding his legitimate income by 374 per cent. The Sivaganga Chief Judicial Magistrate’s court had, in December 2012, permitted the DVAC to withdraw the case. This decision was made during the tenure of the All India Anna Dravida Munnetra Kazhagam (AIADMK) government, to which OPS belonged.
However, in October 2024, the Madras High Court, under Justice N Anand Venkatesh, reversed this withdrawal, criticising the DVAC for adopting what it called a “well-orchestrated modus operandi.” The court noted that the agency had exonerated the accused through a supplementary chargesheet filed after a change in government in 2011.
Justice Venkatesh’s order restored the trial and directed it to proceed before the Principal Sessions Court in Madurai, a designated special court for cases against legislators. The High Court also warned that bail granted to OPS and his co-accused could be revoked if they employed dilatory tactics to delay the trial.
Following the High Court’s decision, OPS and his co-accused filed appeals in the Supreme Court. The stay issued by the apex court halts the trial until further examination of the matter, reported Bar & Bench.
The bench has directed the Tamil Nadu Police and the original complainants to file their responses, signaling that the case will undergo a detailed legal review.
This case is one of several where Justice Venkatesh has taken suo motu action to reopen investigations into alleged corruption by political figures in Tamil Nadu. The judge has previously initiated similar proceedings against acquitted or discharged state ministers, including Higher Education Minister K. Ponmudi and Ministers KSSR Ramachandran and Thangam Thennarasu. The Supreme Court has stayed the reopening of cases in those instances as well.
Justice Venkatesh had criticised the DVAC’s handling of the OPS case, noting procedural irregularities and political influences. The judge stated that the withdrawal of prosecution in 2012 was questionable, as it was based on the second chargesheet that contradicted the initial investigation.
The original charges against OPS alleged that he had accumulated assets disproportionate to his income while holding public office. The DA case, filed in 2006, accused him of leveraging his positions as Revenue Minister and Chief Minister to amass wealth beyond his declared earnings.
The next hearing in the case is expected to focus on procedural aspects and the legitimacy of the DVAC’s actions, setting the stage for a high-stakes judicial examination of corruption allegations involving prominent political figures.
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Supreme Court of India
Madras High Court
Disproportinate Assets Case
O Paneerselvam
Justice Venkatesh
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