HC orders CBI to probe EPS in corruption case
‘DVAC Inquiry Not Done In Just & Fair Manner’
TIMES NEWS NETWORK
Chennai:13.10.2018
Three days after Tamil Nadu’s Directorate of Vigilance and Anti-Corruption gave chief minister Edappadi K Palaniswami a clean chit over allegations of corruption in awarding government road contracts, the Madras high court on Friday ordered a CBI probe into the allegations levelled against him by the DMK, stating that “the preliminary inquiry had not been done in a fair and just manner”. The court order triggered demands for Palaniswami’s resignation as CM from the Opposition while the AIADMK said “it does not look like a fair move”.
Justice A D Jagadish Chandira ordered transfer of the probe to the Central Bureau of Investigation (CBI) making it clear that no opinion had been expressed in relation to the allegations made in the petitioner’s complaint. “This order is passed only in the interest of justice for ensuring fair, reasonable and transparent investigation,” the judge said.
A triumphant DMK was quick to demand the chief minister’s resignation. DMK president M K Stalin said Palaniswami should resign or the governor should dismiss him. Other opposition parties — the PMK, the CPI, the CPM and the Congress — too sought Palaniswami’s resignation, saying it was shameful for Tamil Nadu to have a person under the CBI scanner as its chief minister.
The AIADMK camp went into a huddle with several ministers and party seniors meeting at the chief minister’s residence. Later AIADMK spokesman C Ponnaiyan held a press conference and said, “The DVAC has already submitted its report, after completing its probe, to the Madras high court. Still, it has ordered for a CBI probe, which does not look like a fair move.”
Earlier, passing the order, the court noted that from the beginning the advocate general had been insisting there was no illegality or conflict of interest in the award of contracts for road works and defending the action of the DVAC and the chief minister.
HC orders status quo in Stalin probe
In a reprieve to DMK president M K Stalin, the Madras high court on Friday ordered status quo in the probe initiated by the DVAC against him in connection with the alleged irregularities in constructing a new secretariat building in Omandurar Government Estate here. The DVAC, which has already begun investigations, can’t proceed further till October 22. P 12
EPS IN DOCK
Prelim enquiry not been done in fair & just manner: Court
In short the contracts have been awarded by the department under the control of the CM and the enquiry is being done by the agency which is under the administrative control of the CM,” the court said.
The closure report had been handed over to the vigilance commissioner who had been appointed by the CM, that too even without questioning the complainant, the judge added. Wondering what else could be stated about this
enquiry other than terming it ‘perfunctory’, Justice Chandira said, “This court as a constitutional court is aware of its limitations and is also aware that it is not the province of this court at this stage to sift the evidence to come to the conclusion whether or not an offence has been committed. However, taking into consideration the facts of this case, this court at the outset is able to visualize that the preliminary enquiry had not been done in a fair and just manner.”
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 of no case made out, the court said.
Asserting that probity in public life was a concern of all citizens, the judge said, “When allegations of such serious nature has been made, an honest endeavour should have been taken by the persons in power to voluntarily transfer the case to an independent agency to clear the cloud, so that it would instil confidence in the minds of citizens.”
The judge then directed the DVAC to hand over the entire case papers and files relating to the complaint to the CBI within a week.
The CBI shall depute an officer in the rank of a Superintendent of Police who shall independently conduct a preliminary inquiry afresh examining the petitioner, officials of the World Bank and other persons connected with the projects mentioned in the complaint and conclude the inquiry preferably within three months. If the preliminary inquiry discloses offences of cognisable nature, the CBI shall register a case and proceed in accordance with law, the judge said.
‘DVAC Inquiry Not Done In Just & Fair Manner’
TIMES NEWS NETWORK
Chennai:13.10.2018
Three days after Tamil Nadu’s Directorate of Vigilance and Anti-Corruption gave chief minister Edappadi K Palaniswami a clean chit over allegations of corruption in awarding government road contracts, the Madras high court on Friday ordered a CBI probe into the allegations levelled against him by the DMK, stating that “the preliminary inquiry had not been done in a fair and just manner”. The court order triggered demands for Palaniswami’s resignation as CM from the Opposition while the AIADMK said “it does not look like a fair move”.
Justice A D Jagadish Chandira ordered transfer of the probe to the Central Bureau of Investigation (CBI) making it clear that no opinion had been expressed in relation to the allegations made in the petitioner’s complaint. “This order is passed only in the interest of justice for ensuring fair, reasonable and transparent investigation,” the judge said.
A triumphant DMK was quick to demand the chief minister’s resignation. DMK president M K Stalin said Palaniswami should resign or the governor should dismiss him. Other opposition parties — the PMK, the CPI, the CPM and the Congress — too sought Palaniswami’s resignation, saying it was shameful for Tamil Nadu to have a person under the CBI scanner as its chief minister.
The AIADMK camp went into a huddle with several ministers and party seniors meeting at the chief minister’s residence. Later AIADMK spokesman C Ponnaiyan held a press conference and said, “The DVAC has already submitted its report, after completing its probe, to the Madras high court. Still, it has ordered for a CBI probe, which does not look like a fair move.”
Earlier, passing the order, the court noted that from the beginning the advocate general had been insisting there was no illegality or conflict of interest in the award of contracts for road works and defending the action of the DVAC and the chief minister.
HC orders status quo in Stalin probe
In a reprieve to DMK president M K Stalin, the Madras high court on Friday ordered status quo in the probe initiated by the DVAC against him in connection with the alleged irregularities in constructing a new secretariat building in Omandurar Government Estate here. The DVAC, which has already begun investigations, can’t proceed further till October 22. P 12
EPS IN DOCK
Prelim enquiry not been done in fair & just manner: Court
In short the contracts have been awarded by the department under the control of the CM and the enquiry is being done by the agency which is under the administrative control of the CM,” the court said.
The closure report had been handed over to the vigilance commissioner who had been appointed by the CM, that too even without questioning the complainant, the judge added. Wondering what else could be stated about this
enquiry other than terming it ‘perfunctory’, Justice Chandira said, “This court as a constitutional court is aware of its limitations and is also aware that it is not the province of this court at this stage to sift the evidence to come to the conclusion whether or not an offence has been committed. However, taking into consideration the facts of this case, this court at the outset is able to visualize that the preliminary enquiry had not been done in a fair and just manner.”
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 of no case made out, the court said.
Asserting that probity in public life was a concern of all citizens, the judge said, “When allegations of such serious nature has been made, an honest endeavour should have been taken by the persons in power to voluntarily transfer the case to an independent agency to clear the cloud, so that it would instil confidence in the minds of citizens.”
The judge then directed the DVAC to hand over the entire case papers and files relating to the complaint to the CBI within a week.
The CBI shall depute an officer in the rank of a Superintendent of Police who shall independently conduct a preliminary inquiry afresh examining the petitioner, officials of the World Bank and other persons connected with the projects mentioned in the complaint and conclude the inquiry preferably within three months. If the preliminary inquiry discloses offences of cognisable nature, the CBI shall register a case and proceed in accordance with law, the judge said.
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