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Synopsis

The Madras High Court's Registrar General has informed the Supreme Court that there was no prior approval from the Chief Justice before the exercise of suo motu jurisdiction by a single judge bench in connection with a corruption case involving Tamil Nadu's Minister K K S S R Ramachandran and his wife Aadhilakashmi P Visalatchi for possessing assets disproportionate to their known sources of income.

The High Court's single judge bench of Justice N Anand Venkatesh had on August 21, 2023 found the discharge order by Virudhunagar Principal Sessions Court on July 20, 2023 as illegal.

Hearing the Minister's special leave petition, a bench of Justices Hrishikesh Roy and Prashant Kumar Mishra had on January 29, 2024 asked the High Court's Registrar General to inform if prior approval of the High Court's Chief Justice was taken for exercise of suo motu jurisdiction.

In response, the Registrar General stated the single judge, who was assigned the roster pertaining to MP/MLAs cases, had passed a judicial order for listing the case.

"I found that the proceedings conducted by the Principal Sessions Judge, Virudhunagar, Srivilluputtur is illegal and hence, in exercise of the power conferred under Section 397 of CrPC, this court is initiating suo motu power of revision.against the judgment of the trial court. Hence, there shall be a direction to the Registry, to allot suo motu revision number to this case," the judge had said.

After the judicial order, the suo motu case was numbered and posted for consideration on August 23, 2023, the reply said.

 

"In view of the judicial order passed by the Single Judge of High Court, Madras of August 21, 2023, it is most humbly submitted that prior approval of the Hon'ble The Chief Justice of Madras High Court for exercising Suo Motu Jurisdiction in proceeding with the Crl.R.C.No.1480 of 2023 was not taken. The file noting 'seen' was made by the Hon'ble The Chief Justice (August 31, 2023) after Hon 'ble Single Judge exercised his Suo Motu jurisdiction," the Registrar General said.

 

The Supreme Court is set to hear the matter on Monday, February 5, 2024.

 

Senior advocates A M Singhvi and Sidharth Luthra, appearing for the petitioner, contended the single judge could not have exercised jurisdiction against the discharge order of July 20, 2023 favouring the accused without assignment of the case, in view of the 'Report of the Criminal Rules Committee on Special Courts For Trial of Criminal Cases involving MP/MLAs' and more particularly the Rule xiv thereof. 

 

According to the Rule xiv, "If any quash application or revision against discharge is admitted by a Single Judge of the High Court, whether on the petition filed by the MP/MLA or by a co-accused in that case, the Principal District Judge should inform the same to the Administrative Committee, which in turn shall bring the matter to the knowledge of the Chief Justice. The Chief Justice being the Master of the Roster, may thereafter assign the case to his own board or to any other Division Bench for disposal.” 

 

The apex court had then called from the report of Registrar General and posted the matter for hearing on February 5, 2024.