Chennai, Oct 29 (PTI) The Madras High Court on Tuesday set aside an order of a lower court permitting the prosecution to withdraw from a disproportionate wealth case against expelled AIADMK leader and former CM O Paneerselvam and seven of his family members, and discharging the accused.
The court set aside the order of the Chief Judicial Magistrate/Special Judge, Sivaganga passed on December 3, 2012.
Restoring the trial, Justice N Anand Venkatesh said since two accused died in the interregnum, the proceedings against them shall stand abated.
The judge said pursuant to the constitution of the Special Court for MP/MLA cases, the jurisdictional court was now the court of Principal District and Sessions Judge (Special Court for Trial of MP/MLA Cases) in Madurai.
The CJM, Sivagangai was directed to transmit the entire records to the Madurai court on or before November 27, 2024.
Upon receipt of the records, the Judge said the Court of the Principal District and Sessions Judge (Special Court for Trial of MP/MLA Cases) at Madurai, shall issue summons to the remaining six accused including Paneerselvam and thereafter proceed further in accordance with law.
On the appearance of the said accused, the Special Court at Madurai shall obtain a bond under Section 88 of the Cr.PC with or without sureties as it may deem fit and necessary.
If any of the said accused adopt any dilatory tactics, it was open to the Special Court to cancel the bail and remand the accused to custody as laid down by the Supreme Court, he added.
The judge said the "final report on further investigation" dated November 2, 2012 filed by the Directorate of Vigilance and Anti-Corruption (DVAC) shall now be treated as a supplementary report under section 173 (8) of the Cr.P.C.
As the case was of the year 2006, the Special Court at Madurai shall ensure that the matter was accorded priority and proceedings be conducted on a day-to-day basis keeping in mind the directives of the Apex Court and dispose of the case as expeditiously as possible and in any event on or before June 31, 2025.
A compliance report shall be filed by the Special Court at Madurai before the Registrar General of this Court.
The judge made it clear that this Court has not examined nor commented upon the merits of the case, which shall be decided by the Special Court at Madurai on merits without being influenced by any of the observations made herein above.