Graft charge against minister: Govt, DMK spar on prosecuting authority

Countering the argument of Advocate General Vijay Narayan before Justice Jagadish Chandira that sanction for prosecuting the minister has to be obtained from the government, senior counsel N R Elango, appearing for the petitioner, DMK leader R S Bharathi, said it is not so.

As the government itself is accused of corruption, the sanction for prosecution has to be obtained from the governor, Elango submitted.

The advocate general then said he was ready to argue on who the sanctioning authority was.

Vijay Narayan, appearing for the Directorate of Vigilance and Anti-Corruption, argued that according to the latest amendment to the Prevention of Corruption Act, sanction for prosecuting a public servant has to be obtained from the government.

The judge then posted the matter for further arguments on October 26.

The DMK had levelled corruption charges against Chief Minister K Palaniswami, his deputy O Panneerselvam and several ministers, including Velumani, and moved the Madras High Court in this regard.

In July, the Rajya Sabha and later the Lok Sabha passed the Prevention of Corruption (Amendment) Bill, 2018.

The amendments, which have come into force, among other provisions, seeks to punish both bribe-givers and takers.