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Supreme Court Stays Revival of Disproportionate Assets Case Against O Panneerselvam

Writer's picture: Legal Soch FoundationLegal Soch Foundation
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The Supreme Court, on November 29, stayed the Madras High Court’s suo motu order that revived a disproportionate assets case against former Tamil Nadu Chief Minister O Panneerselvam and his family. A bench comprising Justices Hrishikesh Roy and S.V.N. Bhatti issued notice while hearing senior counsels Abhishek Manu Singhvi, Mukul Rohatgi, Siddharth Luthra, and S. Nagamuthu, appearing for the petitioners.


The case pertains to allegations that Panneerselvam amassed disproportionate assets while serving as the Revenue Minister and Chief Minister of Tamil Nadu between May 2001 and May 2006. The Madras High Court had earlier set aside the 2012 discharge order of the Chief Judicial Magistrate/Special Judge, Sivagangai, and directed the reopening of the case.


The High Court’s single-judge bench, led by Justice Anand Venkatesh, observed procedural irregularities in the Directorate of Vigilance and Anti-Corruption's (DVAC) handling of the case. Justice Venkatesh criticized the DVAC’s move to file a supplementary chargesheet under the guise of further investigation, which led to the withdrawal of the prosecution in 2012.


In its order, the High Court had directed the special court to frame charges based on prima facie evidence and conduct a speedy trial by June 30, 2025. However, the Supreme Court bench noted that the High Court had overstepped its jurisdiction by effectively mandating the framing of charges, bypassing the trial court’s discretion under Section 227 of the Code of Criminal Procedure.


The petitioners relied on the precedent set in Vinay Tyagi v. Irshad Ali (2012), emphasizing that a trial court must independently determine whether sufficient grounds exist to frame charges or discharge the accused.


The Supreme Court’s interim order stays the High Court’s directions, halting the case’s progression in the special court pending further hearings.


Case Title:

O Panneerselvam v. State Rep. by DSP & Ors., SLP(Crl) No. 16221/2024.





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