The Supreme Court on Wednesday set aside a Madras High Court order of October 2018 transferring the probe into a complaint of corruption and nepotism against then Chief Minister Edappadi K. Palaniswami to the Central Bureau of Investigation from the State’s Directorate of Vigilance and Anti-Corruption (DVAC).
A Bench led by Chief Justice of India remanded the case back to the High Court for fresh consideration and said Mr. Palaniswami, who was represented by senior advocate Aryama Sundaram and advocates Balaji Srinivasan and S.R. Rajagopal, may be impleaded.
The High Court had transferred the case to the CBI on October 12, 2018, on the basis of a petition filed by Dravida Munnetra Kazhagam party leader R.S. Bharathi, represented by senior advocate Kapil Sibal, for an ‘impartial’ investigation into accusations against Mr. Palaniswami by a competent police officer or team.
The apex court also asked the High Court to consider the sealed preliminary inquiry report submitted by DVAC, represented by advocate Joseph Aristotle S., before it. The Bench said it would pronounce a detailed order soon.
The issue concerns the award of contracts by the State Highways Department, of which Mr. Palaniswami had held the portfolio then.
The DVAC and Mr. Palaniswami had separately filed appeals in the Supreme Court in 2018, that is, within days of the transfer of the case to the CBI.
The DVAC had contended that the case was transferred to the CBI even though the petitioner, Mr. Bharathi, had not sought it. It said Mr. Bharathi had only asked for an ‘impartial’ probe and not one by the CBI.
Mr. Palaniswami had argued that the High Court had not bothered to even consider the sealed report filed by the DVAC on its investigation, considering the document perfunctory. The High Court had passed the order to transfer the probe without even analysing the evidence and documents produced by the DVAC, it was argued.
The DVAC had earlier contended in the High Court that the bids for the highway contracts were given on the basis of an open tender as per the Tender Transparency Act. The DVAC, in the High Court, had submitted that a preliminary inquiry conducted by it, on the basis of the petitioner’s complaint, did not reveal any cognisable offence.
In its transfer order, the High Court had expressed its displeasure over the DVAC probe and observed that an independent agency should be made in charge for a fair and free investigation. It had finally, on October 12, 2018, directed the DVAC to hand over all records connected with the probe to the CBI and ordered the latter to hold a preliminary inquiry within three months. Eom
