Mr. R.S. Bharathi had lodged a complaint against Former Chief Minister Eddapadi Palanisamy alleging that then Chief Minister holding the portfolio of Highways Department had offered tender floated by WORLD BANK to his relatives and favoured himself and his
Mr. R.S. Bharathi had lodged a complaint against Former Chief Minister Eddapadi
Palanisamy alleging that then Chief Minister holding the portfolio of Highways Department
had offered tender floated by WORLD BANK to his relatives and favoured himself and his
relatives by misusing his official position. Mr. R.S. Bharathi had filed a direction petition
before the Hon’ble High Court seeking a probe into the alleged malpractice in the tender
and to set up a special investigation team to enquire into the matter. Learned single Judge
after hearing the matter at length and being unsatisfied with the reply of the ADMK govt
transferred the matter to CBI. The same was Challenged by Mr. EPS before the Supreme
Court. The Supreme Court after hearing the matter wanted the High court to hear the
matter after perusing the preliminary enquiry report and pass appropriate orders. The
matter came up for hearing before Justice Anand Venkatesh and the petitioner R.S.
Bharathi wanted to withdraw the matter owing to the representation by the state that
further enquiry has been conducted and FIR to be registered against former Chief Minister
EPS. Justice Anand Venkatesh popularly known for his whistle blower attitude and Suo
moto cases against a selected few politicians heard this matter at length and wanted to
peruse the preliminary enquiry report and pass a interim order whether to hear the matter
or permit Mr. R.S.Bharathi to withdraw the case. But to everyone’s shock and surprise
Learned judge had dismissed the petition stating that DVAC has done a good investigation
and allegations against Former Chief Minister is uncalled for. It is to be noted that this
same Judge in his Suo Moto revisions had condemned DVAC for not doing a fair investigation. The Learned judge went on to say this case is a political malafide and gave a clean chit to former Chief Minister. The final order was passed on the same day Mr. EPS had met Prime Minister Modi for the NDA alliance meeting in Delhi.
DVAC aggrieved by this order had taken up this matter before the Supreme Court and it
came up for admission before the Justice Aniruddha Bose and Justice Bela Trivedi Bench
and at the time of admission itself proposed accused Mr. EPS’s counsels had intervened
and taken notice in the matter and it was adjourned. The matter was adjourned on several
occasions and suddenly was listed before Justice Bela Trivedi bench, Senior Advocate
Dhusyant Dave who appeared on behalf of the DVAC circulated a letter to the registry that
the matter was pending before the Senior Judge Justice Aniruddha Bose and it cannot be
listed before the Junior Judge as per Supreme Court Rules and placed the same before
the Bench proposed accused Mr. EPS’s. Counsel had taken strong objection to this and
wanted this matter to be heard only by Jutice Bela Trivedi (to be noted Justice Bela Trivedi
was law secretary under Union Home Minister Amit Shah 2003 to 2006 in Gujarat). The
bench after hearing the submissions placed the matter before CJI. Now CJI has sent it
back to Jutice Bela Trivedi’s bench to hear the matter giving a complete go by to the
Supreme Court Rules. This is a trend in Supreme Court offlate another matter pertaining to
Judges appointment pending before Jutice Sanjay Kishan Kaul had disappeared yesterday
from the list. The Registry of Supreme Court is stage managed by Powerful litigants and
Union Government. Senior Advocate Dhusyant Dave has given a letter to CJI condemning
the change of benches in sensitive matters without following Supreme Court rules and
listing rules.
