Tamil Nadu's Directorate of Vigilance and Anti-Corruption (DVAC) on Wednesday objected to the listing of a case before a Bench headed by Justice Bela M Trivedi on the ground that it was earlier listed before the Bench led by Justice Aniruddha Bose [The Director of Vigilance and Anti-Corruption v. Edappadi Palaniswamy and Anr].

Senior Advocate Dushyant Dave, representing the DVAC, submitted before a Bench of Justice Trivedi and Justice Satish Chandra Sharma,

"It is wrong that matters before Justice Aniruddha Bose are being listed here."

However, Senior Advocate Aryama Sundaram, representing the respondent in the case, opposed Dave's submission and argued that no notice had been issued in the matter.

The Court also said that no substantive order was passed earlier. However, Dave persisted and submitted that Justice Bose "had said we will hear (the matter) finally".

Following this, the Bench asked Dave to move an application before the Registrar (Listing) for listing it before Justice Bose's bench, subject to orders from Chief Justice of India DY Chandrachud.

Dave raised the objection when DVAC's plea against a Madras High Court order came for hearing before Justice Trivedi-led bench.

As pet the case records, the matter was listed thrice earlier before the Bench of Justice Bose and Justice Trivedi.

A day before today's hearing, the advocate-on-record in the case had written to the Registrar (Listing) and said that as per the rules, the matter should have been listed before the bench of Justice Bose.

Calling the listing before Justice Trivedi-led Bench an "omission", Advocate D Kumanan in the letter wrote,

"You are aware of the accepted and healthy practice followed by this Hon'ble Court for decades in this regard which would also command that the matter be listed before the bench presided by the Senior Judge only and it would not be proper to be listed before the other Ld. Judge when the Senior Judge is available".

In its Special Leave Petition, DVAC has challenged the dismissal of a petition filed in 2018 by Dravida Munnetra Kazhagam (DMK) member RS Bharathi seeking a probe against former Tamil Nadu Chief Minister Edappadi K Palaniswami (EPS).

Pertinently, the High Court had taken strong objection to the decision of the Tamil Nadu government to conduct a fresh probe against All India Anna Dravida Munnetra Kazhagam (AIADMK) leader EPS regarding alleged irregularities in awarding State highway tenders. 

The High Court had noted that the DVAC had already given a clean chit to EPS in 2018 and, therefore, there was no reason to order a fresh probe merely because there had been a change in the regime in the State in 2021.

It had deprecated the practice of political parties using courts as playgrounds to play political games.

Bharathi has contended that EPS had caused the State exchequer a loss of around ₹4,800 crore.