TN Vigilance Director Objects To Listing Of Case Before Justice Bela Trivedi's Bench; Says Matter Was Being Heard By Another Bench

The Director Of Vigilance And Anti Corruption (DVAC) of Tamil Nadu has objected to the listing of a matter before a bench led by Justice Bela M. Trivedi stating that it was earlier listed before a bench headed by Justice Aniruddha Bose. 

The matter pertains to an appeal filed by the DVAC against a Madras High Court order that ruled that there was no reason for conducting another preliminary inquiry against former Tamil Nadu Chief Minister Edappadi K. Palaniswami into an alleged State highway tender scam as the earlier report did not suffer from any apparent illegality or unreasonableness. The High Court had said that a fresh inquiry was ordered against the AIADMK general secretary only due to change of government in the State. 

In a latter dated 28.11.2023 (Tuesday), Advocate On Record D Kumanan had written to the Supreme Court Registrar (Listing) requesting the matter to be listed before the bench led by Justice Bose. 

The letter points out that the matter had come up on 18.09.2023, 25.09.2023 and 17.10.2023 before the bench presided by Justice Bose and the matter was listed on 29.11.2023 for hearing.  Referring to the Handbook on Practice & Procedure and Office Procedure on judicial side based on the Supreme Court Rules, 2013, the letter states that once a matter has been allocated to a bench, the case is required to be listed only before that bench and no other.

"You are aware of the accepted and healthy practice followed by this Hon’ble Court for decades in this regard which would also command that the matter be listed before the bench presided by the Senior Judge only and it would not be proper to be listed before the other Ld. Judge when the Senior Judge is available" the letter also states. 

Today, the matter was listed before a bench led by Justice Bela M. Trivedi and consisting of Justice Satish Chandra Sharma. 

"I have greatest faith in this bench, but I am against the registry's functioning" Sr. Adv. Dushyant Dave appearing for DVAC told the Court during today's hearing. 

The Court directed the counsel for the DVAC to move an application before the Registrar (Listing) for listing the matter before Justice Aniruddha  Bose's bench, subject to orders from Chief Justice. 

Case Title: The Director Of Vigilance And Anticorruption v Edappadi Palaniswamy And Anr. SLP(Crl) No. 11315/2023

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