"Reconsider the initiation of suo motu"; OPS' brother submits before Madras HC

CHENNAI: O Raja, the brother of former Chief Minister O Panneerselvam (OPS) submitted before the Madras High Court to consider the long time lapse, since the order passed discharging the former CM and his family members from the disproportionate assets (DA) case.

Justice N Anand Venkatesh heard the submissions of senior counsel R Sreenivasan representing O Raja and his wife Sasikalawathy in the suo motu criminal revision.

The counsel submitted that despite there being no time limit to excess suo motu, the Supreme Court has said that it should be within a reasonable period.

Since the discharge order was passed 12 years ago and two of the accused were deceased, the court should consider the long lapse of time, to reconsider the initiation of suo motu criminal revision.

The counsel submitted that under section 173 (8) CrPC, all the magistrates are empowered to issue an order for further investigation after a final report is filed.

Issuing an order for further investigation is at the complete discretion of the magistrate and the power will remain till the trial commences under section 156 (3) of CrPC, said the counsel.

Earlier the DA case was heard by the Theni Chief Judicial Magistrate (CJM) until the special court in Madurai constituted in 2011, later the case was transferred to the special court, said the counsel.

The accused approached the HC of the Madurai bench, and since the application filed by the accused seeking to discharge them from the DA case was rejected, submitted the counsel.

The Madurai bench transferred the case to the Sivagangai special court, said the counsel.

Later, the Sivagangai court granted permission to further investigation and the then Speaker of the Assembly also revoked the sanction against OPS, as new material was found, said the counsel.

Further, the counsel sought to reconsider the initiation suo motu as the discharge order was issued 12 years ago.

After the submission, the judge posted the matter to April 30, for further submission.

Likewise, the final hearing of the suo motu criminal revision initiated against the discharge of former minister K Ponmudy from the DA case was posted on June 18, after vacation.

In 2006 the DVAC, Madurai, registered a case against OPS and his family members for accumulated wealth disproportionate to his wealth when he was revenue minister between 2001 - and 2006 in the AIADMK regime.

The Investigation Officer (IO) N Kulothunga Pandian examined 272 witnesses and collected 235 documents for nearly 3 years and filed a final report in 2009 before Chief Judicial Magistrate (CJM) Theni, alleging that OPS's wealth has increased 10 times during his ministership. Later the case was transferred to Sivagangai CJM.

Based on the final report filed by the new IO giving clean chit, the special court Sivagangai discharged OPS and his family members from the DA case on December 3, 2012.

Observing that the narratives of the case are shocking and disturbing, this is a case where a political personage has maneuvered the DVAC, Justice N Anand Venkatesh initiated suo motu criminal revision against the discharge of OPS and his family members from the DA case.