Supreme Court Sets Aside Order For CBI Probe Against Former TN CM Palaniswami; Directs HC To Consider Matter Afresh

The Supreme Court on Wednesday set aside the Madras High Court's order directing CBI probe into the corruption allegations against former Tamil Nadu Chief Minister E Palaniswami over awarding road contracts.

The bench of Chief Justice of India NV Ramana, Justices Krishna Murari and Hima Kohli directed the High Court to consider the matter afresh without taking into consideration the observations made in the impugned order.

"Heard the counsel without hearing the parties in length. We request the High Court to look into the report and examine the matter. So far as the probe under CBI is concerned we set aside the order. All the observations will not come in the way," the bench said in its order.

Interestingly, DMK MP RS Bharati, the respondent in the case who filed the petition before the High Court, also did not support CBI probe.

"We don't want CBI. We want an independent investigation..", Senior Advocate Kapil Sibal, appearing for the DMK Member, submitted.

"Both of you don't want CBI", the CJI remarked.

Senior Advocate Aryama Sundaram, appearing for the former Chief Minister, submitted that the report of the Directorate of Vigilance and Anti-Corruption (DVAC) had exculpated Palaniswamy. However, the High Court passed the order without considering the DVAC report. He urged the Supreme Court to examine the DVAC report.

However, the bench said that it will ask the High Court to take a fresh decision and remitted the matter.

On October 29, 2018, the Supreme Court had stayed the High Court order.

Justice AD Jagadish Chandira of the Madras High Court on October 12, 2018 while dealing with the petition by the DMK Rajya Sabha member RS Bharathi had directed CBI to conclude the preliminary investigation within 3 months. The court had said it was not satisfied with the report and the action which was taken by the The Director, Vigilance and Anti Corruption ("DVAC") on the complaint lodged. It had also directed the DVAC to handover the entire case papers and files relating to the complaint along with the materials collected so far to the Joint Director, Central Bureau of Investigation (South Zone) College Road, Nungambakkam, Chennai within a week

Senior Advocates C Aryama Sundaram, Maninder Singh along with Advocate(s) Balaji Srinivasan, Shiva Krishnamurthy and SR Rajagopal appeared for former Tamil Nadu Chief Minister and Senior Advocate Kapil Sibal appeared for DMK Rajya Sabha member RS Bharathi.

Case Name: E Palanaswami v RS Bharti