New Delhi: The Supreme Court on Monday asked the Chief Justice of the Madras High Court to take a fresh call on which judge should hear the suo motu proceedings in connection with corruption cases against Tamil Nadu ministers.
A bench of Justices Hrishikesh Roy and Prashant Kumar Mishra said the merit of the matter has to be considered by a judge of the high court and after considering the submissions of the parties, including senior advocate Rakesh Dwivedi, representing the Madras High Court, “We deem it appropriate that the suo moto matter should be considered by the chief justice. He may either proceed to take up the matter himself or may assign it to a judge of the high court, as he may consider appropriate”.
Disposing of the application, the bench said thereafter, the matter may proceed on merit and “the above order should not be construed as making comments on the concerned learned judge/judges hearing the suo motu matters”.
During the hearing, the bench told a counsel, representing a party in the matter, that the “Trial court heard you for one year on framing of charges and then, just because you say he did not hear you on merits does not mean your actions are washed away”.
Justice Roy queried the counsel, to put a quietus to it should we remit it to the chief justice? No one can ask for bench hunting, we make it clear, and let us not comment on that. The bench orally commented on how Tamil Nadu ministers were being acquitted in many cases against them, and added that the “sessions' judges in Tamil Nadu are acquitting all ministers!"
The apex court, in an order passed on January 29, had noted that the counsel assailed the suo motu jurisdiction exercised by the single judge of the Madras High Court on the ground that the judge did not secure the prior approval of the chief justice of the high court for the exercise of suo motu jurisdiction, in the revisional proceeding.
It was argued before the apex court that without the assignment of the case by the chief justice of the high court, the judge could not have exercised suo motu jurisdiction in respect of the discharge order passed by the special judge (trial court) on July 20, 2023, favoring the accused.
The counsel had also referred to Rules of the High Court, Madras, appellate side, 1965 to challenge the jurisdiction of the judge, a report be called from the registrar general of the Madras High Court. “The report should indicate whether prior approval of the Hon’ble Chief Justice of Madras High Court was taken for exercise of suo motu jurisdiction in the proceeding. The report be furnished on or before 5th February 2024. This order be communicated immediately by the Registry”, said the bench, in its order.
The apex court was hearing a matter regarding corruption cases against various Tamil Nadu Ministers, which was earlier closed, but later revived by Justice Anand Venkatesh of the Madras High Court through suo motu orders passed last year. Justice Venkatesh questioned the correctness of special court orders discharging Tamil Nadu ministers in disproportionate assets cases.
Justice Venkatesh also in August last year had passed individual orders against the two Tamil Nadu ministers, State Minister for Revenue and Disaster Management KKSSR Ramachandran, and the Minister for Human Resource Management Thangam Thenarasu. The high court issued notice to the accused and also to the prosecution. Thennarasu and Ramachandran were acquitted by the special court in the DA case after it did not find any evidence to prosecute them.
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