DVAC’s initial report on Velumani submitted in HC

Submitting the preliminary enquiry report as well as the statements of witnesses in separate sealed covers before a division bench comprising Justice M Sathyanarayanan and Justice R Hemalatha, the public prosecutor told the bench that the preliminary enquiry was conducted based on the DVAC manual and the guidelines issued by the Supreme Court.

The status report was submitted in compliance with a direction by the bench on January 7 on a plea filed by Arappor Iyakkam, an NGO and RS Bharathi, organising secretary of DMK. The bench had directed the DVAC to produce the preliminary enquiry report with files.

SPP Natarajan submitted that no format exists for conducting preliminary enquiry since it depends upon the facts and circumstances of a given case. There is either no boundary or set of parameters on which preliminary enquiry must be conducted and the number of witnesses to be examined. Preliminary enquiry can be conducted like a regular enquiry and the investigating officer can seize the documents and send it for forensic examination, the SPP said while noting that the Investigating Officer is the final authority to decide the matter.

Natarajan also sought the bench time to file a detailed counter and argue the matter as the credentials of the petitioner, who filed the PIL and on whose instance the PIL was filed must be examined. He also noted that the Criminal Original Petition filed by Bharathi was not maintainable.

Following this, the bench posted the case to February 17 for further hearing.