New Delhi: The Supreme Court on Friday put on hold the Madras High Court order, which restored a disproportionate wealth case against expelled AIADMK leader and former Tamil Nadu chief minister O Panneerselvam and seven of his family members.
The matter came up before Justices Hrishikesh Roy and S V N Bhatti. The bench issued notice on the plea filed by Panneerselvam.
On October 29, the High Court had set aside a lower court order, which permitted the prosecution to withdraw from a disproportionate wealth case against Panneerselvam and others, and discharging the accused.
During the hearing on Friday, the bench led by Justice Roy noted that the High Court had interfered with the withdrawal prosecution order due to which the accused was discharged, and the single judge of the High Court ordered for the restoration of special cases to the file of the concerned special court.
The bench said the High Court directed the special court to frame charges with the observation that prima facie materials are available. The bench noted that following these orders, the accused were directed to appear before the special court.
The bench observed that the High Court expropriated the powers conferred under by the CrPC and decided that the special judge should frame the charges. “Issue notice. In the meantime, the impugned judgment shall stay”, said the apex court, in its order, while putting the High Court order on hold.
In October this year, the High Court set aside a lower court’s 2012 order, which permitted the Directorate of Vigilance and Anti-Corruption (DVAC) to withdraw the 2006 disproportionate assets case registered against the former CM and his kin. Justice N Anand Venkatesh of the Madras High Court set aside this order on October 29, 2024. This High Court order was challenged before the apex court.
Senior advocates Dr Abhishek Manu Singhvi, Sidharth Luthra, Mukul Rohatgi and S Nagamuthu appeared for the accused.
