“When this court finds that the report filed is not satisfactory either on fact or on law, and in that eventuality, can the very complaint made by the petitioner itself be referred to an independent agency? In such a case, is that agency required to be arrayed as a party respondent in the proceedings or not,” a division bench comprising Justice MM Sundresh and Justice R Hemalatha asked, seeking to get enlightened on the order it can pass in the event of the report being found unsatisfactory.
Appearing for Arappor Iyakkam, advocate V Suresh submitted that the court has power to direct DVAC to register a First Information Report based on the prima facie material and thereafter pass a consequential order directing the takeover of the investigation by an independent agency.
However, based on the time sought by the petitioner to address both the matters, the bench posted the plea for further hearing to September 28, when the government is expected to answer the queries raised
by the court.
The PIL moved by Arappor Iyakkam and DMK organising secretary RS Bharathi alleged that Minister Velumani abused his power and allotted tenders of Chennai and Coimbatore Corporations worth crores of rupees to his relatives and accomplices.
While the plea sought to direct DVAC to register FIR against the Minister based on their complaints, the DVAC informed the court that nothing survived in the case as preliminary inquiry did not find any prima facie case. Based on the finding, the government had dropped all proceedings.