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Synopsis

The Madras High Court on Wednesday restored the disproportionate asset cases against two Tamil Nadu ministers, noting significant irregularities by the Directorate of Vigilance and Anti-Corruption (DVAC) that appeared deliberate.

Justice N Anand Venkatesh criticized the DVAC's handling of the cases and the Special Court's lack of attention or "willingness" to ignore "a clearly orchestrated plan" while discharging the accused in the cases. He stressed that the rule of law requires equal treatment for all, regardless of status.

Justice Venkatesh said, "If the rule of law is to mean anything, it must mean that politicians and the common man of this State will be equal before the Courts and that the butcher, the baker and the candlelight maker will be treated just the same as a Revenue, Housing or Finance Minister of this State".

He expressed concern that the DVAC's efforts to support the accused's discharge petitions suggested a compromised investigation aimed at exonerating them. 

Therefore, the court overturned previous orders from special courts that had discharged Tamil Nadu Revenue and Disaster Management Minister KKSSR Ramachandran and Human Resource Management Minister Thangam Thennarasu from the corruption cases.

Justice Venkatesh found that in both instances, the accused were initially implicated while in opposition, but following a change in government, the DVAC's subsequent investigations led to closure reports that resulted in their discharge.

Ramachandran allegedly amassed disproportionate wealth as Health and Backward Classes Minister during the 2006-2011 DMK regime, along with his wife and friend. The DVAC initially booked them under the Prevention of Corruption Act but later, in July 2023, it filed a final report citing no established offenses and accepting this, the Special Court discharged the Minister.

During his tenure as the school education Minister in the 2006-2011 DMK regime, Thangam Thenarasu and his wife allegedly amassed disproportionate assets. The DVAC filed a case under PCA after searches at his residences in Virudhunagar and Chennai. Nonetheless, a final report indicating no offense led to his discharge by the Special Court in December 2023.

The high court observed that the DVAC's further investigations and closure reports in both cases were suspiciously synchronized.

Justice Venkatesh concluded that there was a coordinated effort to undermine the prosecutions once the accused regained political power.

Consequently, the high court ordered both ministers to appear before the special court and directed that charges be framed and trials conducted.

Case Title: Suo Motu Criminal Revision Case