Tamil Nadu: Setback for DMK Govt as Madras High Court orders retrial of senior minister I Periyasamy in graft case

In a significant setback for the ruling DMK government in Tamil Nadu, Madras High Court Justice Anand Venkatesh has ordered a retrial in the discharge of senior minister I Periyasamy in a corruption case. This decision comes nearly a year after Periyasamy was acquitted in a 12-year-old illegal land allotment case.

The High Court’s intervention stems from the acknowledgment of “procedural impropriety” in the trial court’s order, as noted by Justice Anand Venkatesh. The retrial directive comes at a sensitive time for the DMK government, grappling with political waves generated by BJP’s Annamalai’s DMK files, which have stirred discussions in political circles.

The initial discharge of I Periyasamy, a senior minister in the Stalin-led DMK government, faced scrutiny, leading Justice Anand Venkatesh to take suo moto cognizance of the matter. The High Court observed that the trial court’s order was tainted by procedural irregularities and “gross illegality.”

Justice Anand Venkatesh expressed dissatisfaction with the special court’s decision to discharge Periyasamy based on a supposed defect/invalidity in sanction under Section 19 of the Prevention of Corruption Act, 1988. The judge labeled the order as a manifestation of “gross illegality” and noted that it contradicted the earlier order passed by the High Court, directing the Special Court to proceed with the trial.

The retrial order indicates that Periyasamy will have to face legal proceedings anew in connection with the corruption case. The development comes amid heightened scrutiny by enforcement agencies, including the Enforcement Directorate (ED) and Income Tax (IT) department, conducting searches at the premises of DMK ministers, MPs, and others in relation to money laundering and corruption cases.

Political commentator Annamalai, associated with the BJP, remarked that an increasing number of DMK ministers are now under the scanner of various law enforcement wings. Additionally, recent developments include the evasion of film producer and DMK’s NRI wing functionary AR Jaffer Sadiq, alleged to be the mastermind behind a multi-crore narcotic drug smuggling operation with connections to DMK leaders.

The High Court expressed concern over the potential erosion of public confidence in the administration of criminal justice if elected representatives facing corruption charges can circumvent criminal trials. Justice Anand Venkatesh emphasized the duty of a Constitutional Court to prevent such situations and ensure that trials against politicians are conducted without compromise.

“The legitimacy of the administration of criminal justice will be eroded and public confidence shaken if MLAs and Ministers facing corruption cases can short-circuit criminal trials,” stated Justice Anand Venkatesh. He highlighted the responsibility of a Constitutional Court to prevent the perception that trials against politicians are a mockery of dispensing criminal justice.

The order comes as a response to a suo moto revision case initiated by Justice Anand Venkatesh against the discharge of Rural Development Minister I Periyasamy, a key figure in the DMK-led government. The case pertains to the alleged irregular allotment of a Tamil Nadu Housing Board (TNHB) plot to the personal security officer (PSO) of former Chief Minister M Karunanidhi.

Justice Anand Venkatesh criticized the special court’s order dated March 27, 2023, as manifestly perverse and grossly illegal, tainted by procedural impropriety. He mandated that all accused, including Periyasamy, appear before the Special Court on March 28 and furnish a bond of Rs. 1 lakh each with two sureties.

The High Court directed the trial court to conduct the proceedings on a daily basis and complete the trial on or before July 31. A compliance report is to be submitted thereafter to the Registrar General of the High Court.

Justice Anand Venkatesh clarified that the High Court did not examine or comment on the merits of the case. He emphasized that the Special Court should decide the case on its merits without being influenced by any observations made during the retrial order.

The Directorate of Vigilance and Anti-Corruption (DVAC) had initially booked Periyasamy after the AIADMK came to power in 2011. The case revolves around the alleged irregular allotment of a high-income group plot in Chennai to the personal security officer (PSO) of former Chief Minister M Karunanidhi. Periyasamy served as Housing Minister during the DMK regime at the time of the alleged offence in March 2008.

Despite facing prosecution initiated by the DVAC, Periyasamy filed a discharge petition in 2016, challenging the validity of the sanction granted by the then Assembly Speaker. The special court dismissed the application in July 2016, a decision affirmed by the High Court and the Supreme Court in November and December 2022, respectively.

However, after the DMK government assumed power in 2021, Periyasamy filed a second discharge petition on February 21, 2023, asserting the invalidity of the sanction. The Special Court, in a controversial move on March 17, 2023, discharged Periyasamy from the case, a decision that has now been set aside by the Madras High Court.

Justice Anand Venkatesh, who took suo moto cognizance of the discharge order, initiated revision proceedings and concluded the final hearing on the matter on the 11th of this month. The High Court ruled that Periyasamy was not a minister when the prosecution was initiated, and the sanction granted by the Speaker of the Assembly was sufficient under the Prevention of Corruption Act.

Critically, the judge expressed disapproval of the Special Court’s actions, stating that it had exceeded its powers by entertaining Periyasamy’s second plea for discharge. Justice Anand Venkatesh emphasized that after the High Court and the Supreme Court upheld the Special Court’s initial order to commence the trial, it should not have entertained the minister’s subsequent petition seeking the same relief.

The retrial order mandates Periyasamy and other accused individuals to appear before the Special Court on March 28, furnishing a bond of Rs. 1 lakh each with two sureties. The trial is expected to be conducted on a day-to-day basis and conclude by July 31, with a compliance report to be submitted to the Registrar General of the High Court thereafter.

This legal development adds to the political challenges faced by the DMK government, highlighting the delicate intersection of legal scrutiny and political dynamics in Tamil Nadu.