HC quashes DVAC probe into new Secretariat construction
CHENNAI, DECEMBER 14, 2018 00:00 IST
Says decision taken by government in haste
The Madras High Court on Thursday quashed a Government Order (G.O.) issued on September 24 and a consequential letter written on September 28 for an inquiry by the Directorate of Vigilance and Anti-Corruption (DVAC) into alleged irregularities in the construction of a new Legislative Assembly-cum-Secretariat complex at Anna Salai during the DMK regime between 2006 and 2011.
Justice Pushpa Sathyanarayana passed the order while allowing writ petitions filed by DMK president M.K. Stalin and treasurer Duraimurugan. She agreed with senior counsel P. Wilson that the government had ordered the DVAC inquiry in a hasty manner without going through records collected by a Commission of Inquiry, which was brought to an “unceremonious end”.
‘Violation of order’
Such a hasty action amounted to violating an interim order passed by Justice S.M. Subramaniam of the High Court on August 3 on a writ petition filed by DMK patriarch M. Karunanidhi before his death on August 7, Justice Sathyanarayana said. The interim order mandated the government to suspend the commission of inquiry led by former High Court judge R. Regupathi and then arrive at a decision on the need for criminal action.
“A reading of the impugned (under challenge) G.O. in its entirety would go to show that the government has not even cared to receive the files from the commission, much less to read and make out a prima facie case for referring the matter to the DVAC,” she added.
After the interim order, Mr. Regupathi tendered his resignation on August 10 and the government decided not to appoint any other retired judge to the commission.
The judge also doubted whether criminal action could be initiated on the basis of material collected by a commission rendered defunct.
CHENNAI, DECEMBER 14, 2018 00:00 IST
Says decision taken by government in haste
The Madras High Court on Thursday quashed a Government Order (G.O.) issued on September 24 and a consequential letter written on September 28 for an inquiry by the Directorate of Vigilance and Anti-Corruption (DVAC) into alleged irregularities in the construction of a new Legislative Assembly-cum-Secretariat complex at Anna Salai during the DMK regime between 2006 and 2011.
Justice Pushpa Sathyanarayana passed the order while allowing writ petitions filed by DMK president M.K. Stalin and treasurer Duraimurugan. She agreed with senior counsel P. Wilson that the government had ordered the DVAC inquiry in a hasty manner without going through records collected by a Commission of Inquiry, which was brought to an “unceremonious end”.
‘Violation of order’
Such a hasty action amounted to violating an interim order passed by Justice S.M. Subramaniam of the High Court on August 3 on a writ petition filed by DMK patriarch M. Karunanidhi before his death on August 7, Justice Sathyanarayana said. The interim order mandated the government to suspend the commission of inquiry led by former High Court judge R. Regupathi and then arrive at a decision on the need for criminal action.
“A reading of the impugned (under challenge) G.O. in its entirety would go to show that the government has not even cared to receive the files from the commission, much less to read and make out a prima facie case for referring the matter to the DVAC,” she added.
After the interim order, Mr. Regupathi tendered his resignation on August 10 and the government decided not to appoint any other retired judge to the commission.
The judge also doubted whether criminal action could be initiated on the basis of material collected by a commission rendered defunct.
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