Madras High Court 
Chennai

State evades responsibility in new secretariat case, claims Jayavardhan

Jayavardhan moved the MHC to implead him in the case preferred by the DMK government to withdraw the appeal filed by the then government led by AIADMK challenging the court’s order

DT NEXT Bureau

CHENNAI: The State is evading responsibility by deciding to withdraw the probe into the alleged irregularities in the construction of the new secretariat complex at Omandurar government estate, ex-MP J Jayavardhan said during his argument. The Madras High Court had reserved the final orders.

Jayavardhan moved the MHC to implead him in the case preferred by the DMK government to withdraw the appeal filed by the then government led by AIADMK challenging the court’s order quashing the government order.

The case was listed before a division bench comprising Justice R Suresh Kumar and K Kumaresh Babu.

Senior counsel V Raghavachari appeared for Jayavardhan, contending it is a surprise that the Advocate General allowed the withdrawal of the appeal. The case was handed over to the Directorate of Vigilance and Anti-Corruption (DVAC) by the single judge, hence the decision to withdraw should be preferred by the agency, said the counsel. The State has no right to withdraw the appeal, as this case involves the allegation of incurring loss to the State exchequer, he contended. Further, the single judge transferred the probe to DVAC and the records - evidence collected by retired Justice Ragupathi Commission to find the offense, said the counsel.. The Advocate General (AG) PS Raman appearing for the government said that the State did not want to prosecute the case further and had the right to withdraw the appeal.

The Senior Counsel P Wilson appearing for DMK president MK Stalin, submitted that the State has the power to abandon its claim, and sought to dismiss the implead application.

After all the submissions, the bench reserved the final orders without any date.

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