SC: Undertake no cases dropped against incumbent minister, MLAs without probe

New Delhi: The Supreme Court on Wednesday asked the Tamil Nadu government to give an undertaking that there is no case against any sitting or a former minister or legislator of the DMK party in which earlier prosecution sanction was accorded but later the criminal cases were dropped.

A bench of Justices Surya Kant, Ujjal Bhuyan and N Kotiswar Singh asked the state to file an affidavit in this regard on a PIL seeking transfer of trials pending in Tamil Nadu against incumbent ministers out of the state.

“Senior Additional Advocate General seeks and is granted two weeks to file a specific affidavit that there is no case against any sitting or a former minister or legislator of the political party in power, where earlier the sanction was accorded for prosecution but even before the investigation could be taken to a logical conclusion, such consent was withdrawn and as such the criminal cases were dropped,” the bench ordered.

The PIL filed by Chennai-based lawyer Karuppiah Gandhi contended that the prosecution sanctions of some state ministers

and politicians were withdrawn by probe agencies on political considerations.

At the outset, Additional Advocate General and senior advocate Amit Anand Tiwari, appearing for the state government,

contended that the petitioner had approached the court with unclean hands and questioned his bona fide.

Justice Bhuyan said, “This is a malady not confined to Tamil Nadu, it is across the country. If you open Pandora’s box, it will come back to you only.”

The top court, however, asked him to file an affidavit undertaking that there are no ministers or lawmakers of the ruling party against

whom the prosecution sanction granted earlier were withdrawn.

Senior advocate D S Naidu, appearing for the petitioner, said that there were many instances where sanctions were withdrawn before completion of investigations and urged the court to maintain an oversight.

The top court posted the matter for further hearing on September 17. It has agreed to hear the plea which was filed in October 2023 and issued notice to the state government.

Gandhi has moved the top court seeking directions for the transfer of cases and the trials against incumbent state ministers and legislators to other states.

He has contended that the current prosecution of the state does not inspire confidence when it comes to ensuring free and fair trials in the state itself.