The investigation of an offence was the field exclusively reserved for the executive, through the police, Justice K Chandru said, citing a Supreme Court judgement in the State of Bihar versus JAC Saldanha and others case.
The Deputy Superintendent of Police (DSP) of Vellore Vigilance and Anti Corruption cell had labelled the April 25 last notice as 'the final opportunity notice.'
Durai Murugan, the DMK's Deputy General Secretary, had sought one more opportunity by re-issuance of a final notice in the investigation in the the disproportionate wealth case against him. Earlier, he was issued a similar notice by the DSP on March 11 last.
The DSP in his counter affidavit submitted that an FIR was registered against Durai Murugan and his wife under section 13(2) read with section 13(1) (e) of the Prevention of Corruption Act, 1988. Only after conducting the preliminary inquiry and being satisfied there were prima facie materials against him, a case had been registered, the counter said adding i was for the petitioner to satisfactorily account for the alleged unaccounted wealth during the examination.
As Durai Murugan had acquired assets in his name and that of his wife, proceedings had been initiated against both of them and a consolidated statement was furnished along with the final opportunity notice, the counter affidavit said.
