MHC finds no offense against Periyar Varsity VC, stays the probe against him

CHENNAI: Holding that the prosecution's material is not enough to establish the offense against the Vice-Chancellor of Periyar University, Salem, R Jagannathan, the Madras High Court (MHC) granted stay to probe against the VC in an allegation of misusing his power for private benefits and misappropriated the university's fund.

Justice N Anand Venkatesh observed that if the police can submit further materials to establish the offense against the VC, the court will vacate the stay granted.

R Jagannathan moved the MHC seeking to quash the FIR registered against him in an allegation of misappropriating the university's fund by establishing the Periyar University Technology Entrepreneurship and Research Foundation (PUTER).

According to the prosecution, the complainant Elangovan, the president of the Association of University Teachers, lodged a complaint against Jagannathan as he established the PUTER for his personal gains and used casteist slur against him for questioning about the alleged offense. Based on the complaint, the Salem police booked a case against Jagannathan under various sections of IPC and Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) (SC/ST) Act, 1989.

The Additional Public Prosecutor (APP) A Damodaran appeared for the police and contended that the petitioner established the PUTER within the campus of the university without the permission of the State and the syndicate of the university.

He also assigned 2024 square feet of land to establish the PUTER which violates rule 9 of the Periyar University Act, said the counsel. The petitioner also entered a memorandum of understanding (MOU) with four private entities and transferred funds, submitted the counsel.

The counsel appeared for the petitioner has argued that his client submitted the agenda for the establishment of PUTER before the State and syndicate of the university and is waiting for the response. The counsel also submitted that not even a single penny has been transferred with PUTER.

After hearing both sides, the judge observed that the allegations made in the FIR do not constitute any offense against the petitioner, there is absolutely no material to show that money was in fact transferred or misappropriated by him.

"The allegation regarding abuse in the name of caste comes out of the blue without any context", wrote the judge. This is an attempt made to add spice to the complaint to make it sound more serious, read the judgment.

Further, the judge issued notice to the State returnable by four weeks and adjourned the case.

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