Would you advance further investigation in a normal case: HC asks IO in Thangam Thennarasu's case

CHENNAI: "Would you advance a further investigation in a normal case as done in the minister's case," Justice N Anand Venkatesh questioned the investigation officer (IO) who gave clean chit to minister Thangam Thennarasu and his wife Manimegalai in the disproportionate asset (DA) case.

Senior counsel A Ramesh appeared for the minister and advanced his submission before Justice N Anand Venkatesh in the suo motu criminal revision initiated against the discharge of Thangam Thennarasu from the DA case.

The senior counsel submitted that it was a vindictive prosecution initiated against my client by the last government in the power. The IO avoided the materials given by my client to prove his innocence, how it can be a fair prosecution, the counsel wondered.

The income tax returns filed by the minister were not taken cognizance by the IO, said the counsel. Further, the counsel also submitted that the further investigation is an addition to the final report and it is not a supplanted report as the judge wrote in his order while initiating the suo motu case. The senior counsel cited several judgments of the Supreme Court and submitted that there is no illegality in filing the final report after the submission of the final report.

The trial court is empowered to discharge an accused on the basis of the further investigation report, senior counsel added.

Justice N Anand Venkatesh questioned the IO R Boominathan of DVAC who filed the further investigation report giving a clean chit to the minister.

Have you ever done a further investigation in a normal case related to a common man during your seven years of experience, the judge asked the IO. To which the IO replied negatively, and also said that the further investigation was done only on the grounds raised by the accused in their written arguments.

The judge wondered why the further investigation was not done in 2016 when Thangam Thennarasu filed the discharge petition and suddenly it was done in 2021 when he became the minister of the State. Further, the judge also asked to describe the citation judgments the IO referred to in his final closure report, however, the IO couldn't answer for it and said it was added by the legal team of the department. "It was long time since I inquired an IO", observed the judge, and posted the matter to March 8 for Advocate General's submission.