The Madras High Court strongly criticized the Tamil Nadu government's decision to initiate a new investigation against former Chief Minister Edappadi K Palaniswami (EPS) of the All India Anna Dravida Munnetra Kazhagam (AIADMK) party regarding alleged irregularities in the awarding of State highway tenders. Justice N Anand Venkatesh stated that the Directorate of Vigilance and Anti-Corruption (DVAC) had already given EPS a clean chit in 2018, making it unnecessary to order a fresh probe solely due to a change in regime in 2021.
The court emphasized that there were no flaws in the 2018 investigation when the allegations first surfaced. It criticized the fact that the only reason for a new probe was the change in political power in 2021.
The judgment expressed disapproval of political parties using the courts as a platform for their political games. It highlighted how court orders in such cases often become subjects of talk shows on television channels, resulting in heated debates that eventually fade away without substantial action.
Consequently, the High Court dismissed a petition filed in 2018 by DMK member RS Bharathi, which sought a DVAC probe against EPS. The court concluded that the new inquiry was solely driven by the change in government, emphasizing that political agendas should not undermine the rule of law.
Bharathi's petition in 2018 alleged that EPS had awarded contracts for the construction and maintenance of State highways to individuals with personal connections, causing a loss of approximately ₹4,800 crore to the State exchequer.
Initially, a single-judge of the High Court had directed the DVAC to hand over its ongoing probe to the Central Bureau of Investigation based on Bharathi's petition. However, after separate appeals by the DVAC and EPS, the Supreme Court overturned the single-judge's order and instructed the High Court to reconsider the matter.
During the fresh hearing, the State Public Prosecutor informed the Court that the DVAC's previous preliminary report had been rejected by the Vigilance Commissioner, leading to a new inquiry being ordered. Bharathi later requested permission to withdraw his petition, citing the fresh inquiry initiated by the Commissioner. However, EPS' counsel opposed Bharathi's request, arguing against allowing him to change his stance conveniently.
The Court observed that the DVAC had already addressed all allegations against EPS, clearing him of charges due to the lack of evidence. Nevertheless, the DMK government had ordered a new preliminary inquiry without providing any reasons, simply because it was in power.
Consequently, the Court dismissed the petition.
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