: The Madras High Court Wednesday reserved orders on a petition by the DMK, challenging a G.O., directing an enquiry Commission , set up to probe 'irregularities' in construction of the state secretariat during its regime, to hand over all documents to the DVAC.
The Directorate of Vigilance and Anti Corruption has been entrusted with the probe.
Justice Pushpa Satyanarayana reserved orders after hearing senior counsel P Wilson, appearing on behalf of DMK President M K Stalin and Public Prosecutor A Natarajan.
On August 3, Justice S M Subramaniam had directed the state government to suspend the Justice R Raghupathi Commission of Inquiry,go through its reports and hand over all related documents to the Directorate of Vigilance and Anti Corruption (DVAC) for further proceedings.
When the case came up for hearing on Wednesday, the PP, referring to Wilson's submission that the government had not applied its mind while issuing the G.O., and had directed the Commision to hand over the records to DVAC, submitted that the state scrutinized and examined the materials submitted.
Further it could be found from the G.O that the government had directed the DVAC to conduct an enquiry and file a report only after careful consideration.
He said that the government, after going through the records, found prima facie materials and gave its approval to conduct an enquiry.
Submitting further that 'a 'scam of Rs 629 crore' cannot be left out just like that, the PP said a detailed enquiry has to be conducted. The DVAC had not even commenced its enquiry.
He said the commission had not only sent summons to the petitioners, but questionnaire and summons to all the others involved in the construction.Now the petitioner's name was not mentioned in the enquiry.
He said the enquiry was at the preliminary stage and added that the petitioner had approached the court merely on an apprehensions, which should not be entertained.
Wilson submitted that the government had passed the G.O. without applying its mind. Without considering the materials, the government cannot accord sanction or approval to DVAC to conduct an enquiry, Wilson added.
Justice Subramaniam had among other things, directed the Commission to hand over the records to the government, which in turn should scrutinize it and if a prima facie case was found, institute criminal proceedings.
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