Suo motu criminal initiations against top politicians may be closed, says Justice N Anand Venkatesh
The IO may considered new material after filing the final report hence he has the authority to advance further investigation to file supplementary report, at the end the justice needs to be served, the AG submitted.
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Justice N Anand Venkatesh
CHENNAI: Justice N Anand Venkatesh observed that irrespective of whatever is going to happen to the suo motu criminal initiations against ministers and former Chief Minister, which may be closed, but the message it send is someone will question the irregularities and in future the investigation agencies should not take the Court process for granted.
The Advocate General (AG) PS Raman continued his submissions for the Directorate of Vigilance and Anti Corruption (DVAC) in the suo motu criminal revisions initiated against the discharge of minsiters KKSSR Ramachandran, Thangam Thennarasu and former Chief Minister O Panneerselvam.
If an investigation officer (IO) filed an final report before a court he can also file the supplementary report by getting consent from the court, said the AG.
The IO may considered new material after filing the final report hence he has the authority to advance further investigation to file supplementary report, at the end the justice needs to be served, the AG submitted.
However, the judge intervened and asked on what point in all these cases the IO found the further materials and what triggered him to file the supplementary report.
The AG replied during the filing of final report some aspects may be not considered, so the supplementary reports are filed after finding the further materials.
The IO is not barred from filing the supplementary report after filing the final report, supplementary report is continuence of the final report, said the AG.
The judge observed that in all these cases the supplementary report was filled after the gaurd of the government has changed. The political parties in power lodges cases through the investigation agency, when the power changes the same investigation agency file supplementary report which end up in discharging the accused from the case and this pattern follows only in the case of the politicians, said the judge.
Since, the AG has completed his submissions the matter was posted on June 13 for the reply of the respondents.
Raising suspicion over the narrative of the case proceedings, Justice N Anand Venkatesh has suo motu initiated the criminal revisions since various lower courts have discharged the top politicians from the disproportionate assets case.
After receiving the notice all the politicians represented themselves and placed their submission defending their discharge. Since, all the submissions of the accused have concluded the matters are posted for the investigating agency's submission, as all the cases took a U-turn after the DVAC filed further supplementary reports giving clean chit to the politicians, which were diagonally opposite to the final report.