Madras High Court Overrules TN AG's Objection To ASG Appearing For Ex-Minister In Corruption Case

He also submitted that the Income Tax department had recently raided the former Minister and, in such circumstances, it was improper for Mr. Raju, who is currently an Additional Solicitor General to represent the former Minister in a corruption case. He also submitted that the DVAC would write to the Central Government to withdraw the permission granted to Mr. Raju for representing Velumani.

Mr. Raju, making a virtual appearance, submitted that he was appearing only after getting due permission from the Centre.

The bench of Chief Justice Munishwar Nath Bhandari and Justice N Mala was however not inclined to accept the objection raised by the AG.

"We are not going to accept the objection to Senior Counsels Appearance. Till the Union Government's permission exists, we cannot restrain him from appearance."

The AG had also raised objection to the bench hearing the matter. He had submitted that a Special Bench dealing with cases against MPs and MLAs should be dealing with the matter.

However, the court observed that the bench had prima facie jurisdiction. Since other petitions filed by Arappor Iyakkam (an NGO) was also tagged with the cases, there was no restriction on the bench hearing the matter.

The court said that it would initially pass orders on the objections raised by the AG and then fix a date for hearing the matter in detail.

Mr Raju had also sought for quashing of the FIR on the ground that the current FIRs were filed by the DVAC without duly considering the report submitted by the Court Appointed officer who gave a clean chit to Velumani. He argued that the FIRs were nothing but a "misuse of power".

Background

The former Minister was accused of indulging in corrupt practices in award of corporation contracts. It was alleged that he had deliberately reduced the number of tenderers for public works and awarded contracts to his close aids, in violation of the Tamil Nadu Transparency in Tenders Act 1998and the rules as well as the Competition Act.

In 2019, a preliminary inquiry report wass submitted to DVAC by the investigation officer that gave a clean chit to Velumani, subsequent to which the government decided not to press charges against Velumani. In 2021, a fresh report was filed by the DVAC citing the 2016 and 2020 CAG reports and FIR was registered against the former minister after raids were conducted at his residence.

The Minister had then moved the Madras HC seeking to quash the two FIRs filed against him.

Case Title: Arappor Iyakkam v. The Director and others

Case No: WP No. 34845 of 2018