The case relates to two cases registered by the Enforcement Directorate against the Amma Makkal Munnetra Kazhagam (AMMK) leader Dhinakaran, the first in 1996 and the second in 2001. While the 1996 case pertained to the alleged transfer of $1.04 crore to Dipper Investment through Barclay Bank, Virgin Islands, the 2001 case is related to the illegal routing of $36,000 and one lakh GBP for building a star hotel in UK.
Subsequently, based on a plea filed by Dhinakaran, the high court, through an order dated October 11, 2011, held that since the offences alleged in both the cases are similar in nature, offered liberty to the R K Nagar MLA to file an application before the trial court seeking to try both the cases together and directed the Magistrate to pass appropriate orders.
But the Magistrate concerned dismissed Dhinakaran’s application which resulting in him moving a criminal revision petition against the said order. He had contended that while the high court had directed to club both the cases, the Magistrate even without ordering notice to the ED dismissed the application. Also, citing that when there is a stay in one of the two cases, the other case must also be stayed as it cannot be heard separately.
Justice RMT Teekaa Raman on conceding to Dhinakaran’s plea that it is settled law that an accused having more than one case against him is entitled to file an application that he will not be prejudiced by the case being tried together, stayed further proceedings in the case.