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Synopsis

A Supreme Court bench headed by the Chief Justice of India Justice NV Ramana today set aside the order of Madras High Court directing a CBI investigation into tender irregularities in a department headed by Edappadi Palaniswami, the former Chief Minister of Tamil Nadu and leader of AIADMK.

The Madras High Court, in October 2018, ordered a CBI investigation directing it to be completed within three months. R.S.Bharathi, a DMK MP, had filed a plea in the High Court alleging that Palaniswami misused his official position to allocate various road construction projects to companies owned by his relatives and others.

The plea by Bharathi further sought the High Court’s direction to the Directorate of Vigilance and Anti-Corruption (DVAC) to register a case against Palaniswami. The Madras High Court rejected a preliminary report submitted by the DVAC, which gave a clean chit to Palaniswami.

Later in October 2018, the apex court stayed the Madras High Court order directing a CBI probe. On July 25, 2022, the DMK-led Tamil Nadu government mentioned the plea before a bench headed by the Chief Justice of India and sought a hearing in the matter. The matter came up for hearing today.

Appearing for Palanisami, Sr. Adv CA Sundaram, argued that the order was a culmination of a complaint filed by DMK against him. Appearing for DMK, Sr. Adv, Kapil Sibal submitted that they seek a probe by an independent agency.

The bench also consisting of Justices Krishna Murari and Hima Kohli, on hearing the submissions, opined that the High Court should decide whether the probe by an independent agency is required or not. The court set aside the order of the High Court directing a CBI investigation and directed the High court to consider the report of DVAC.

Court also held that the observations made in the order of the High Court will not come in the way of fresh consideration in the matter.

Case title: Edappadi Palanisamy Vs R.S.Bharathi