Can’t order CBI probe in RK Nagar bypoll bribery case: HC
CHENNAI, JANUARY 25, 2019 00:00 IST
Only SC can intervene in the issue, say judges
A Division Bench of the Madras High Court on Thursday wondered how it could order a CBI probe into the 2017 RK Nagar bypoll bribery case when a single judge of the court had, on March 13, quashed a first information report that had been booked by the city police on the basis of a complaint lodged by the Returning Officer.
The Bench comprising Justices M. Sathyanarayanan and P. Rajamanickam said it cannot invoke its writ jurisdiction to pass such an order since an appeal against an order passed by a single judge under Section 482 of Code of Criminal Procedure (Cr.P.C.) would lie only before the Supreme Court and not before a Division Bench.
When senior counsel P. Wilson, representing DMK candidate N. Maruthu Ganesh who had sought for CBI probe, said his client might lack locus standi to approach Supreme Court, the senior judge wanted to know how did DMK general secretary K. Anbalagan got a disproportionate wealth case against AIADMK supremo Jayalalithaa transferred from Tamil Nadu to Karnataka.
However, Mr. Wilson persisted on his demand for the Division Bench itself ordering a CBI probe considering the seriousness of the issue.
He pointed out that the Election Commission of India had rescinded the bypoll notification in April 2017 after the Income Tax department seized certain crucial documents from Health Minister C. Vijaya Baskar’s residence. The documents related to huge amounts of cash having been distributed to incumbent Chief Minister Mr. Palaniswami and other ministers.
The ministers, in turn, were expected to distribute the money to voters in RK Nagar constituency. “It is an injustice caused to people and democracy. No one will have faith in democracy if the court stands on hyper technicalities and refuses to entertain our plea. Your Lordships can order an CBI inquiry under Article 226 (writ jurisdiction) of the Constitution.
After failing to convince both of them, Justice Sathyanarayanan said: “When FIR itself has been quashed, how can we order registration of a second FIR by CBI? Understand our predicament. What we are pointing out is that we are not the right forum.” Later, the judges adjourned further hearing on the case to February 12 to enable the Election Commission of India to file its affidavit on the issue.
CHENNAI, JANUARY 25, 2019 00:00 IST
Only SC can intervene in the issue, say judges
A Division Bench of the Madras High Court on Thursday wondered how it could order a CBI probe into the 2017 RK Nagar bypoll bribery case when a single judge of the court had, on March 13, quashed a first information report that had been booked by the city police on the basis of a complaint lodged by the Returning Officer.
The Bench comprising Justices M. Sathyanarayanan and P. Rajamanickam said it cannot invoke its writ jurisdiction to pass such an order since an appeal against an order passed by a single judge under Section 482 of Code of Criminal Procedure (Cr.P.C.) would lie only before the Supreme Court and not before a Division Bench.
When senior counsel P. Wilson, representing DMK candidate N. Maruthu Ganesh who had sought for CBI probe, said his client might lack locus standi to approach Supreme Court, the senior judge wanted to know how did DMK general secretary K. Anbalagan got a disproportionate wealth case against AIADMK supremo Jayalalithaa transferred from Tamil Nadu to Karnataka.
However, Mr. Wilson persisted on his demand for the Division Bench itself ordering a CBI probe considering the seriousness of the issue.
He pointed out that the Election Commission of India had rescinded the bypoll notification in April 2017 after the Income Tax department seized certain crucial documents from Health Minister C. Vijaya Baskar’s residence. The documents related to huge amounts of cash having been distributed to incumbent Chief Minister Mr. Palaniswami and other ministers.
The ministers, in turn, were expected to distribute the money to voters in RK Nagar constituency. “It is an injustice caused to people and democracy. No one will have faith in democracy if the court stands on hyper technicalities and refuses to entertain our plea. Your Lordships can order an CBI inquiry under Article 226 (writ jurisdiction) of the Constitution.
After failing to convince both of them, Justice Sathyanarayanan said: “When FIR itself has been quashed, how can we order registration of a second FIR by CBI? Understand our predicament. What we are pointing out is that we are not the right forum.” Later, the judges adjourned further hearing on the case to February 12 to enable the Election Commission of India to file its affidavit on the issue.
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