The Central Government today submitted before the Madras High Court that the file pertaining to sanctioning prosecution of suspended IPS officer Jaffar Sait, facing a corruption case, is pending with the Prime Minister's Office.
When the petition by Sait to quash the proceedings before the special Judge came up for hearing before Justice K K Sasidharan, the Central government senior standing counsel Bhavani Subbarayan said it required four weeks' time to dispose of the file in the PMO.
The Judge, who recorded his statement, adjourned the petition to November 27.
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He further directed the Special Judge before whom the final report was filed against Sait to adjourn the case before him to November 29 without insisting on the IPS officer's personal appearance till that time.
The Judge had on October 25, directed the counsel to get instructions from the Union Home Ministry with regard to the time required to pass orders on the file sent by state government to grant sanction for the prosecution of the IPS officer or to furnish the entire file regarding the case.
Sait, who was IG intelligence between 2007 and 2011 in the DMK regime, is facing a case registered by Directorate of Vigilance and Anti-corruption (DVAC) after the change of the regime.
In his petition, he has sought a stay on all further proceedings pending before the Special Judge at Ponneri. He had been issued summons for his personal appearance before the Ponneri Magistrate today.
He has challenged the proceedings before the Special Judge on the ground that being an IPS officer, who is governed by the All India Service Rules, a Sanction to prosecute him was required under Section 19 of PC Act which is yet to be obtained by the DVAC.
Vijayanarayan, senior counsel for Sait, submitted that the Special Judge erred in taking cognisance without the sanction order.
Advocate General A L Somayaji submitted that the application for sanction was made to Union Home Ministry by the state government on August 3, 2012.
Even the clarification sought by the Union Home Ministry was submitted by the state government in December last year and reminders were sent to issue sanction order in June and August this year.
As there was no follow up action by the Centre, the state government has issued sanction orders to prosecute former minister I Periyasamy and former TNHB former Executive Engineer K Murugaiya, who are co-accused in the case, he said.
The AG further submitted that the Central Government was keeping the matter pending in spite of the law laid down by the Supreme Court.
