No illegality in the special court's order discharging me from DA case, OPS submits in HC
The investigation officer (IO) can have a conclusion differing from the final report after conducting further investigation with new material, said the counsel.
Madras High Court; O Panneerselvam (File Photo)
CHENNAI: Former Chief Minister O Panneerselvam (OPS) submitted before the Madras High Court that there is no illegality in the order of the Sivagangai special court discharging him from the disproportionate asset (DA) case.
Senior counsel Aabad Ponda appearing for OPS submitted before Justice N Anand Venkatesh that it is perfectly normal for a special court to order further investigation.
The investigation officer (IO) can have a conclusion differing from the final report after conducting further investigation with new material, said the counsel.
After having an opinion from the then Advocate General and Public Prosecutor the Directorate of Vigilance and Anti-Corruption (DVAC) filed a report to close the case against OPS, said the counsel.
The special court has the power to order further investigation and close a case with the further investigation report, the counsel submitted.
It was also submitted that there is no illegality in the further investigation report and the discharge order of the special court.
After the submission, the judge posted the matter to April 8 for further submission.
In 2006 the DVAC, Madurai, registered a case against OPS and his family members for accumulated wealth disproportionate to his wealth when he was revenue minister between 2001 - 2006 in the AIADMK regime. The Investigation Officer (IO) N Kulothunga Pandian examined 272 witnesses and collected 235 documents for nearly 3 years and filed a final report in 2009 before Chief Judicial Magistrate (CJM) Theni, alleging that OPS's wealth has increased 10 times during his ministership.
Later the case was transferred to Sivagangai CJM.
On the basis of the final report filed by the new IO giving clean chit, the special court Sivagangai discharged OPS and his family members from the DA case on December 3, 2012.
Observing that the narratives of the case are shocking and disturbing, this is a case where a political personage has maneuvered the DVAC, Justice N Anand Venkatesh initiated suo motu criminal revision against the discharge of OPS and his family members from the DA case.
