Supreme Court stays DA case against former TN CM O Panneerselvam

The Supreme Court on Friday stayed the disproportionate assets case against former Tamil Nadu Chief Minister (CM) O Panneerselvam, his wife and in-laws [O Panneerselvam v State Rep By Deputy Superintendent of Police and ors].A Bench of Justices Hrishikesh Roy and SVN Bhatti sought the response of the Tamil Nadu Police and the original complainants to the appeal filed by Panneerselvam challenging the Madras High Court decision to restore the case against him..The Madras High Court had in October set aside a lower court’s 2012 order that permitted the Directorate of Vigilance and Anti-Corruption (DVAC) to withdraw the 2006 disproportionate assets case registered against the former CM and his kin.This led to the instant appeals before the apex court..Senior Advocates Dr Abhishek Manu Singhvi, Sidharth Luthra, Mukul Rohatgi and S Nagamuthu appeared for the accused..The Sivaganga Chief Judicial Magistrate’s court had on December 3, 2012 allowed DVAC to withdraw the disproportionate assets case registered against OPS and his kin.Justice N Anand Venkatesh of the High Court set aside this order on October 29 this year.The High Court asked how DVAC had initially filed a report saying that OPS had assets in excess of 374 percent but later discharged him when the All India Anna Dravida Munnetra Kazhagam came to power in 2011.Therefore, it restored the case against OPS and directed that the trial in the case be conducted before the "Principal Sessions Court in Madurai," a designated special court for hearing cases against legislators.The High Court further said that the sessions court can cancel the bail granted to the accused if they adopt any “dilatory tactics in completing the trial.”.This is the fourth of the six cases where Justice Venkatesh, who is also the portfolio judge for all courts hearing cases against Members of Parliament and Members of Legislative Assembly (MPs and MLAs) in the State, has initiated suo motu revision proceedings against current State ministers.The judge had earlier taken up the acquittal of Higher Education Minister K Ponmudi and the discharge of Ministers KSSR Ramachandran and Thangam Thennarasu.The Supreme Court had, however, stayed the reopening of cases against all of them..[Read order]