The Directorate of Vigilance and Ant-Corruption (DVAC) probe ordered by the Tamil Nadu Government against DMK president M K Stalin in the construction of new secretariat complex in Omandurar has run into rough weather.
Madras High Court on Tuesday directed the State to submit the details pertaining to scrutiny of documents submitted by Justice R Regupathi Commission of Inquiry ahead of transferring it to DVAC.
Justice R Mahadevan before whom arguments prevailed, directed the public prosecutor A Natarajan to hand over the said details in a sealed cover and posted the case for further hearing to Friday.
Earlier, senior counsel P Wilson appearing on behalf of Stalin reiterated that the single judge had directed the Commission to hand over all materials collected by it to the State government for scrutiny and thereafter institute criminal prosecution if prima facie is made out.
But, the State without abiding by the court’s order had come out with a Government Order on September 24 directing the Commission’s secretary to hand over all documents directly to the DVAC.
While noting that the files have not reached the Secretariat at all in total disregard of the court order, Wilson sought the court to declare the GO and the subsequent letter on September 28 transferring the probe to DVAC as illegal and unlawful for failing to follow substantial due process.
The plea also contended that the GO and letter are bad in law since the State has not considered the aspect that the evidence collected by Justice Regupathi Commission of Inquiry was entirely behind the back of the petitioner and not in accordance with the Criminal Procedure Code or any other statute.
Moreover, the moment the Justice Regupathi Commission of Inquiry had demitted office and same was accepted by the State and the writ petitions filed by Stalin and Duraimurugan dismissed as withdrawn by the single judge, the observations made by the single judge in the dismissal order is nothing more than orbiter dicta and has no legs to stand.
It may be noted a division bench had ordered status quo on the DVAC probe based on another plea moved by Stalin challenging the order of the single judge.
A pet project of former chief minister M Karunanidhi, the new secretariat was built in Omandurar Government Estate. But it was converted into a multi-super-specialty hospital by late J Jayalalithaa after she returned to power in 2011.