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Relief for DMK leader as top court stays proceedings

Appearing for Periyasamy, senior advocate Kapil Sibal said the apex court had granted Periyasamy the liberty to approach the trial court for deferment of the proceedings but his application was dismissed.

Relief for DMK leader as top court stays proceedings
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Rural Development Ministerand senior DMK leader I Periyasamy

NEW DELHI: In a relief to Rural Development Ministerand senior DMK leader I Periyasamy, the Supreme Court on Monday stayed till further orders the proceedings against him in a corruption case.

A bench of Justices Hrishikesh Roy and Prashant Kumar Mishra said since the top court is examining his appeal challenging a February 26 Madras High Court order which set aside the trial court order discharging him in the case, the proceedings need to be stayed.

Appearing for Periyasamy, senior advocate Kapil Sibal said the apex court had granted Periyasamy the liberty to approach the trial court for deferment of the proceedings but his application was dismissed.

“The trial court said the High Court has fixed a time frame for completing the trial and hence dismissed my application for deferment of proceedings,” the senior lawyer said.

The bench then passed the order for stay of proceedings before the court in Chennai.

In an application filed through advocate Ram Sankar, Periyasamy sought the apex court’s direction for deferment of trial and exemption from personal appearance in the graft case before a Chennai court.

The minister filed an appeal against the February 26 order of the high court, which set aside the March 17, 2023, discharge order of the trial court.

The apex court had on March 18 noted Sibal’s submission that prior sanction for his prosecution under Section 197 of the IPC and Section 19(1) of the Prevention of Corruption Act was required to be obtained from the Governor.

In this case, however, the sanction was issued by the Speaker, which was limited to the allegation under the Prevention of Corruption Act, said Sibal, contending that such sanction would be of no use for valid prosecution as sanction for the acts done in the capacity of a cabinet minister can only be granted by the Governor.

Agencies
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