Court reserves order on DMK plea against EPS over highway contracts

Justice AD Jagdish Chandira, while raising pointed questions during the hearing as to who holds the Highway portfolio and who appoints the Director to DVAC, expressed his disinclination to look into the DVAC report. 

However, when the judge asked Advocate General (AG) Vijay Narayan about the contents in the report, he said no cognisable offence could be made out against the CM and no irregularities have been found in awarding highway contracts.

Earlier, senior counsel NR Elango, appearing for the DMK, submitted that the preliminary enquiry is liable to be set aside as the investigating officer has already ascertained the veracity of the allegations even without registering an FIR.

Conducting a truncated and premeditated “preliminary enquiry” into allegations, involving money laundering, conspiracy and bid-rigging by multiple contractors and public servants over a long period of time, only to blindly absolve the accused of any criminal liability cannot meet any definition of “fair, just and reasonable” procedure under the law, he argued.

Under these circumstances, he sought for the registration of an FIR and a court-monitored investigation. The AG, during the hearing, submitted that change in project cost after the issue of contracts was because of utilities like water pipelines, electricity and sewage not being accounted for. He said this cost as per rules had to be borne by the Government and not the contractor.

To a query from the judge as to why the World Bank and complainant were not quizzed, the AG said every bit of communication to the WB transpired through a software and all of it was handed over to DVAC for perusal. But about the complainant not being interrogated, the AG on citing rules, submitted that the preliminary enquiry into a complaint does not require interrogation of the complainant and that’s applicable only during a detailed enquiry.

To queries raised by Justice Chandira as to whether the portfolio of Highways and DVAC is with the CM, the AG while conceding to Highways being with the CM, explained that DVAC is independent like the CBI and comes under the administrative control of the Personnel and Administrative Reforms (N) Department, wherein a senior IAS officer in the cadre of Additional Chief Secretary is appointed Vigilance Commissioner.