MHC reserves order in case against Edappadi Palaniswami
After all the submissions the Justice reserved the order and observed that he will pronounce the preliminary order on the merit of the petition.
Edappadi Palaniswami; Madras High Court
CHENNAI: The Directorate of Vigilance and Anti-Corruption (DVAC) has allowed a new inquiry against opposition leader Edappadi Palaniswami as the DVAC commissioner has the authority to set aside the preliminary inquiry report, said the Public Prosecutor Hasan Mohammed Jinnah before the court.
Justice N Anand Venkatesh heard the case filed against opposition leader and AIADMK general Secretary Edappadi Palaniswami by DMK organising secretary RS Bharathi into alleged nepotism and corruption in the award of contracts by the State highways department when he was the Chief Minister of Tamil Nadu.
Senior counsel Aryama Sundaram appeared for Palaniswami contended that the DVAC investigating officer had completed his preliminary inquiry and filed the report to the commissioner of DVAC. However till now, that report is not given to us, without that report how can we argue the case, he contended. We want to know the nature of the report, he argued. The preliminary report must be submitted before the court, the DVAC commissioner has no authority to hold back the preliminary report, he added.
The Public Prosecutor Hasan Mohammed Jinnah appeared for the DVAC, said that the commissioner of DVAC has the authority to set aside a preliminary report submitted by the investigation officer and resume a new investigation. The DVAC did not accept the preliminary investigation report submitted in 2018 that there was no evidence in the allegation against Edappadi Palaniswami and allowed a fresh investigation to be conducted, he submitted.
Senior counsel NR Elango appeared for RS Bharathi, requested the court's permission to withdraw the 2018 petition in view of various developments. He further argued to review the preliminary report before pronouncing any order.
After all the submissions the Justice reserved the order and observed that he will pronounce the preliminary order on the merit of the petition.
RS Bharathi filed a petition against Edappadi Palaniswami in 2018, alleging that he was awarded contracts in the highway department on the basis of nepotism, which led to corruption.
The High Court ordered CBI to probe an investigation into the matter. However, Palaniswami moved the Supreme Court challenging this order. However the Supreme Court in its order reversed the matter back to DVAC for further investigation in 2022.
On July 6, 2023, RS Bharathi requested the MHC to withdraw the petition stating that the case had various developments, however, Edappadi Palaniswami vehemently opposed this request.
