Justices PN Prakash and RMT Teekaa Raman, however, told Velumani that he will have to convince the Court that there was no link between him and the alleged illegal corporation contracts that were awarded during his tenure as Minister for Municipal Administration.

 

FIRs against AIADMK leader SP Velumani might be mala fide: Madras High Court
Though tension between two parties is natural and necessary in a democracy, the court should not be the place for one party trying to score over another, the Bench said.
Justice PN Prakash and Justice Teekaa Raman
Justice PN Prakash and Justice Teekaa Raman

The Madras High Court remarked on Thursday that the two First Information Reports (FIRs) against former minister and AIADMK member SP Velumani might have been registered out of mala fide intentions.

A Bench of Justices PN Prakash and RMT Teekaa Raman, however, told Velumani that he will have to convince the Court that there was no link between him and the alleged illegal corporation contracts that were awarded during his tenure as Minister for Municipal Administration.

“We are able to see mala fide here in registering of FIRs. DMK is in power, AIADMK is not,” the Court observed.

The Court also told the Tamil Nadu government that it will have to prove that the FIRs against Velumani were not mala fide.

“This is a fight between two political parties. Tension between two parties is natural and necessary for the State in a democracy. But please understand, this Court should not be the place for one party trying to score over another. You simply convince us that there is no link between the minister and these parties who got the contracts. Convince us and finish this,” the Bench said.

Velumani had approached the High Court seeking the quashing of two FIRs registered against him last year by the Directorate of Vigilance and Anti-Corruption (DVAC) in Chennai and Coimbatore.

On Thursday, Velumani’s counsel told the Court that he had nothing to do with the awarding of the contracts and tenders. He said that as a minister, his responsibility was merely to ensure that the contracts were executed properly. He said that the FIRs had been registered against him at the behest of the DMK party.

“They can’t win in elections against us. So this is their modus operandi,” Senior Advocate SV Raju said on behalf of Velumani.

The Court said that while political rivalry was natural, the FIRs must not be the result of mala fide intentions. It cited the Supreme Court’s judgment in State of Haryana v. Bhajan Lal in which it was held that FIRs could be quashed to protect one from malicious prosecution.

The hearing will continue on Friday.

In 2019, NGO Arappor Iyakkam had filed a PIL highlighting instances of corruption in awarding of tenders by civic bodies in Chennai and Coimbatore, and Velumani’s involvement in the same during the AIADMK regime. The High Court had appointed Superintendent of Police R Ponni to probe into the complaints and find out whether any cognisable offence was made out.

The officer gave a clean chit to Velumani in December 2019, and in January 2020, the government in power accepted the preliminary inquiry. However, after a change of rule in Tamil Nadu, in May 2021, the DVAC registered two FIRs against Velumani.

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