The Madras High Court on Tuesday dismissed a writ petition by former minister Duraimurugan challenging the ‘final opportunity notice’ in a disproportionate assets case against him, and seeking a direction to the Directorate of Vigilance and Anti-Corruption (DVAC) .
The notice, dated April 25, asked the petitioner and his wife to account for their assets. He gave a reply on May 9. Notwithstanding the same, Mr. Duraimurugan insisted on a hearing of the writ petition. He prayed the court for a direction to the DVAC to re-issue the final opportunity notices along with the statement of accounts separately for him and his wife specifying the list of properties found to have been acquired.
In its counter, the directorate stated Mr. Duraimurugan’s wife had abetted him. Therefore, no split statement was provided, but a consolidated statement furnished along with the final opportunity notice. As the petitioner had acquired assets in his name and that of his wife, proceedings were initiated against both of them.
Justice K.Chandru said that the exact nature of the wealth possessed by the accused and whether the wealth was independently owned by his near relative was an issue that would have to be tried essentially in a trial. In such cases, the burden was upon the public servant to satisfy the court that the excess wealth possessed by him was attributable to known sources.
The investigating officer’s stand was that the assets shown in the name of the petitioner’s wife was also those of the petitioner, as his wife did not have any independent source of income. The enquiry was not complete.
By an earlier writ petition and an interim order, the former minister had been given an opportunity. Pursuant to it, he filed a reply. Therefore, at this stage, the argument that he should have been given one more opportunity to forestall the investigation could not be countenanced.
The Judge cited Supreme Court judgments, which held that the accused had no right to have any say as regards the manner of investigation. Also, investigation of an offence was a field exclusively reserved for the police. It was not a fit case where any interference was called for.
