SC sets aside Madras HC order, allows probe to continue against TN minister

The bench cautioned that “any let up on the part of the Investigating Officer in this regard will pave the way for the court to consider appointing a Special Investigation Team in future”.

The bench termed “shocking” the Madras HC’s decision to order de novo probe. “What is shocking is that the High Court directed reinvestigation to be started ab initio, wiping out the earlier investigation altogether,” it said.

The SC bench also set aside the September 1, 2022 Madras High Court order quashing the summons issued to Senthilbalaji by the Enforcement Directorate in connection with graft allegations, thereby paving the way for the ED to probe him.

A technical staff of the Metro Transport Corporation (MTC), K Arulmani, had in 2018 filed a complaint accusing the minister of accepting bribes (when Senthilbalaji was transport minister in the erstwhile AIADMK government) from job aspirants.

Though an FIR was filed in this connection, the Madras HC quashed the criminal complaint on the ground that those who allegedly paid the money to get jobs and those who allegedly received it had arrived at a compromise.

On appeal, a two-judge SC bench comprising Justice (retired) S Abdul Nazeer and Justice V Ramasubramanian set aside the HC order on September 8, 2022 and directed that the criminal complaint be restored.

However a Single Bench of the HC in a subsequent order directed that an “investigation be conducted ab initio comprehensively without reference to the earlier investigation on record covering all the aspects…”.