TN govt’s response sought for fair trial of Ministers Thennarasu, KKSSR Ramachandran

CHENNAI: The Madras High Court directed the State to respond to the petition seeking to appoint a special public prosecutor (SPP) without any political affinity to conduct the case against the incumbent ministers Thangam Thennarasu and KKSSR Ramachandran in a graft case.

The first division bench of acting Chief Justice D Krishnakumar and Justice PB Balaji heard the public interest litigation moved by an advocate V Senthilkumar, seeking to direct the State to appoint a special public prosecutor.

After the Assembly election victory in 2021, the ruling party DMK took over the State’s throne, and both the accused were made ministers with powerful portfolios, from then the trial took a U-turn, said the petitioner. “The present State Public Prosecutor (PP) Hasan Mohammad Jinnah took strenuous exercises to bring the accused persons out of the clutches of law,” he said.

The PP appeared for the prosecution before the trial court and sought further investigation in both cases, which is peculiar in criminal practice. However, said the petitioner, this ultimately resulted in the discharge of all the accused persons from the charges.

At this juncture, both cases were remitted to the special court for a fresh trial, and the State PP will monitor them to prove the guilt of the accused persons on behalf of the prosecution, which will be unbelievable, he contended.

The investigation officer who is in charge of conducting the trial will also be under the control of the DMK president and Chief Minister of the State MK Stalin as he holds the home ministry department, this would cause great prejudice, said the petitioner. He also referred to the procedures followed by the Supreme Court, in the prevention of corruption case against J Jayalalithaa, to transfer the case to Karnataka as she was the then Chief Minister of the State.

The petitioner submitted that to safeguard the interest of justice, a special public prosecutor with no political affinities and pressures should be appointed to conduct the trial in the special court. After the submission, the bench directed the State and both the ministers to file a response in four weeks and adjourned the matter.

KKSSR and Thennarasu were booked by DVAC in the years 2011 and 2012 respectively. Later, the DMK came back to power in 2021 both ministers were discharged from the DA cases by the Srivilliputhur special court. On August 23, last year, Justice N Anand Venkatesh initiated suo motu criminal revision against the discharge of the ministers. The judge reopened the cases and issued notice to ministers. The court heard the submissions of all respondents. After the hearing the judge ordered for a fresh trial and set aside the discharge orders.