TVK MLA poaching case: Madras HC reserves orders on plea seeking CBI probe

CHENNAI: The Madras High Court on Thursday (July 16) reserved orders on a plea seeking a CBI probe into the alleged attempt to poach a TVK MLA, after questioning what extraordinary circumstances warranted transferring the investigation when the police had already registered a case, carried out the investigation, and made arrests.

The First Bench of the Madras High Court, comprising Chief Justice SA Dharmadhikari and Justice G Arul Murugan, reserved orders on a plea seeking a CBI probe into the alleged attempt to poach a TVK MLA.

During the hearing, Senior Counsel N Jothi, appearing for the petitioner, argued that complaints made by five politicians alleging attempts to poach them had not been acted upon. He contended that the police could not adopt a “pick and choose” approach and must remain neutral.

Opposing the plea, Advocate General Vijay Narayan submitted that the petition was a proxy litigation and that a CBI probe was unwarranted since the local police was conducting the investigation properly. He further contended that any allegation of discrimination should be raised by the persons directly affected.

The Bench questioned the need for a CBI probe, observing that a complaint had been registered, an investigation was underway, and arrests had already been made. It asked what extraordinary circumstances warranted transferring the case to the CBI. The Court reserved its orders.

A Tiruppur-based advocate, J Balasubramani, has moved the Madras High Court seeking transfer of the investigation into the case registered by the Triplicane Police over the alleged attempt to poach a TVK MLA from Uthangarai to the Central Bureau of Investigation (CBI).

The petitioner contended that the FIR ought to have been registered by the Uthangarai Police, as the alleged offence was said to have occurred there, and alleged that registering the case at the Triplicane Police Station in Chennai was driven by political convenience rather than territorial jurisdiction.

The petition further stated that, under the DVAC Manual, the Directorate of Vigilance and Anti-Corruption (DVAC) is responsible for investigating offences under the Prevention of Corruption Act, 1988, and for inquiring into complaints relating to bribery, corruption, and allied misconduct by public servants.

The petitioner further submitted that MDMK General Secretary Vaiko had publicly stated that Chief Minister Vijay had asked him to persuade two MDMK MLAs to resign and switch sides with an assurance of support for their re-election.

He also referred to DMK MLA PS Srinivasan’s allegation that he was offered more than Rs 50 crore and a ministerial berth on behalf of a serving Minister to join TVK. The petition further stated that six AIADMK MLAs later joined TVK and that DMK MLA Anitha R Radhakrishnan had alleged he was pressured to quit the DMK and join TVK, failing which criminal cases would be foisted against him.

The petitioner sought transfer of the investigation from the Triplicane Police to the CBI for a fresh, comprehensive and independent probe. He contended that the case involves allegations affecting the integrity of the democratic process and therefore requires an independent investigation. The plea also sought an interim stay on the ongoing investigation into the alleged attempt to bribe the TVK MLA.