Madras HC orders CBI probe into graft charges against TN CM Palaniswami

Justice AD Jagdish Chandira, on holding that it is not the province of this court at this stage to embark upon and sift the evidence to conclude whether or not an offence has been made out, said, “Whereas there is a duty to oversee whether the investigation is done in a fair and reasonable manner. However, without expressing any opinion regarding the claim of the petitioner, this Court is of the firm opinion that the enquiry/investigation had not been done in a fair manner and is nothing but a perfunctory exercise. Thereby, the case has to be necessarily transferred to any other independent agency not under the control of the persons in power.”

Also, observing that when allegations of such serious nature have been made, an honest endeavour should have been taken by the persons in power to voluntarily transfer the case to an independent agency to clear the cloud, Justice Chandira directed the DVAC to hand over the case papers and files relating to the complaint filed by the petitioner (along with the materials collected so far) to the Joint Director, CBI (South Zone), within a week.

Further, on directing the Joint Director, CBI, to depute an officer in the rank of a Superintendent of Police who shall independently conduct a preliminary enquiry afresh examining the petitioner/informant, officials of the World Bank and other persons connected with the projects mentioned in the complaint and conclude it within three months, the judge said, “If the preliminary enquiry discloses offences of cognisable nature, he shall register a case and proceed in accordance with law.”