Supreme Court Allows TN Police To Summon BJP Leader Kesava Vinayagam Without Seeking Madras HC's Permission

The Supreme Court on Friday (September 20) set aside the Madras High Court's direction that the police must obtain the High Court's prior permission to serve summons to Tamil Nadu Bharatiya Janatha Party (BJP) Organising Secretary Kesava Vinayagam in connection with a case over the seizure of Rs.3.99 crore for alleged bribing of voters during the 2024 Lok Sabha Elections.

A bench comprising Justices Surya Kant and Ujjal Bhuyan, hearing a petition filed by the State of Tamil Nadu against the High Court's condition, directed that the investigating officer must serve advance notice to Vinayagam through WhatsApp or physical delivery to him or his family members at his residence asking him to join the investigation. The bench added that Vinayagam would be at liberty to challenge the notice in accordance with law. The bench also ordered that the interim protection from arrest granted to him by the High Court will continue.

In June, the High Court had dismissed Vinayagam's petition to quash the FIR. However, the High Court directed the investigating agency to seek the court's permission to summon Vinayagam, if they found any materials in connection with the case.

Before the Supreme Court, Senior Advocate Kapil, for the State, asked how could the High Court impose such a condition.

Senior Advocate K Parameshwar, for Vinayagam, contended that the case was only to politically target him and to conduct a roving enquiry by seizing his phones.

The bench, with an intent to balance the rights of the investigating agency and the accused, set aside the High Court's condition but directed that one week's advance notice must be served on him.

On April 7, Rs. 3.99 crore was seized from three train passengers at the Tambaram Railway Station who were allegedly close associates of BJP's Tirunelveli candidate Nainar Nagendran. In connection with this offence, FIR was registered for offences under Sections 171C, 171E, 171F, and 188 of the IPC. A case was also registered against Kesava Vinayagam.

Case Details : State Rep.by The Deputy Superintendent of Police, CBCID v. Kesava Vinayagam SLP (Crl.) 8674/24