The Madras High Court Bench here on Tuesday ordered notice to the Principal Secretary of the Public Department, Director of Vigilance and Anti-Corruption (DVAC) and Deputy Superintendent of Police of DVAC, Dindigul, on a petition filed by former DMK Minister I. Periyasamy challenging the appointment of a special public prosecutor (SPP) to appear in a disproportionate assets case involving him and his family members.
In his petition, Mr.Periyasamy submitted that the DVAC officials booked him and his family members under Section 13(2) r/w Section 13(1)(e) of the Prevention of Corruption Act, 1988, on the charge that he had amassed wealth disproportionate to his income between May 13, 2006, and March 31, 2010, during his tenure as Minister.
Mr.Periyasamy claimed in his petition that he and his family members had submitted their explanations denying the allegations against them, but the DVAC authorities did not consider the explanations.
According to Mr.Periyasamy, the Principal Secretary of Public Department passed an order on July 11, 2013, appointing K.S. Prabakaran as the SPP to appear in the case at the Special Court for cases under the Prevention of Corruption Act in Madurai, by invoking Section 24(8) of the Cr.P.C. He alleged that so far the SPPs had been appointed in 15 cases involving former DMK Ministers. The judiciary was not consulted before the appointments were made, he alleged. Besides, the Principal Secretary of Public Department was not a competent authority to appoint the SPPs in DVAC cases, he claimed. He pleaded with the court to quash the appointment in his case.
Justice B. Rajendran ordered notice to the authorities and adjourned the case by four weeks. Similar cases involving three other former DMK ministers are also pending in the court.