SC stays Madras HC order directing CBI probe into Corruption allegations against TN CM Palaniswamy

The Supreme Court yesterday stayed the Madras High Court’s order directing a Central Bureau of Investigation (CBI) probe into corruption allegations against Tamil Nadu’s Chief Minister Edappadi K Palaniswamy in the award of highway contracts..The Bench of Chief Justice Ranjan Gogoi and Justices Sanjay Kishan Kaul and KM Joseph passed the interim stay after Chief Minister Palaniswamy preferred an appeal against Justice AD Jagadish Chandira’s October 12 order directing the CBI probe..Justice AD Jagadish Chandira had directed the same on a petition filed by RS Bharathi, the organising secretary of the opposition party, Dravida Munnetra Kazhagam (DMK)..In his petition, Bharathi had pointed out that various contracts for highway projects were awarded to a firm owned by those related to the Chief Minister including the brother-in-law and father-in-law of the Chief Minister’s son apart from awards to a benami firm..Five such contracts have been specifically highlighted. The petition alleges that the value of these contracts were inflated in an apparent attempt to eliminate other eligible contractors from bidding for the same. In light of the above allegations of nepotism and conflicting of interest, the petitioner argued that the Chief Minister was guilty of criminal misconduct under the Prevention of Corruption Act, 1988..The petitioner approached the Madras High Court in August this year, after his complaint to the state Vigilance and Anti-Corruption Department (DVAC) made last June failed to yield any satisfactory response..After the case was taken up by the High Court, the DVAC gave the Chief Minister a clean chit in the case, submitting that it could not make out a cognisable offence having been committed by him. However, the High Court eventually concluded that the DVAC inquiry could only be termed as a perfunctory one meant only to close the case without further controversy..“It does not need the wisdom of Solomon to infer that right from the receipt of the complaint and the registration of the preliminary enquiry, the conduct of the respondent had been aimed with a sole objective of closing the case by filing a negative report as no case made out. .The manner in which the inquiry had been conducted even without calling the complainant speaks for itself that the investigation had not been done in a fair and proper manner.“.Justice Chandira, therefore, ordered the DVAC to hand over the inquiry to the CBI, also observing that the case required such fair scrutiny particularly since the Vigilance Department also falls under the administrative control of the Chief Minister..However, the High Court had made it clear at that stage that it had not expressed any opinion regarding the merits of the allegations levelled against Chief Minister Palaniswmay. It had emphasised that the order was only passed in the interest of justice for ensuring fair, reasonable and transparent investigation..Read the Supreme Court Order:.Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.