AIADMK's Velumani gets HC relief in a vigilance case, court declines to quash another FIR

The Madras High Court on Wednesday refused to quash a First Information Report FIR against former minister S P Velumani in the disproportionate assets case and set aside a separate FIR, also against him, in connection with irregularities in award of contracts by civic bodies.In respect of a case on award of contracts by the Greater Chennai and Coimbatore Corporations, a division bench of Justices P N Prakash and RMT Teekaa Raman said the registration of FIR is a clear case of abuse of process, political witch hunting, colourable exercise of power and use of police power for oblique purposes.

The Madras High Court on Wednesday refused to quash a First Information Report (FIR) against former minister S P Velumani in the disproportionate assets case and set aside a separate FIR, also against him, in connection with irregularities in award of contracts by civic bodies.

In respect of a case on award of contracts by the Greater Chennai and Coimbatore Corporations, a division bench of Justices P N Prakash and RMT Teekaa Raman said the registration of FIR is a clear case of abuse of process, political witch hunting, colourable exercise of power and use of police power for oblique purposes. The court quashed that FIR.

On the disproportionate assets case, the division bench said the FIR is accompanied by the requisite statements that are normally needed for prosecuting a public servant under the Prevention of Corruption Act. Both the cases were registered by the Directorate of Vigilance and Anti Corruption (DVAC) and Velumani is a noted leader of the main opposition AIADMK. He was a minister in the previous AIADMK government.

The bench, on the assets case said that the FIR was registered by the DVAC on the basis of the assets declared by Velumani in the affidavits filed by him before the Election Commission in the 2016 and 2021 elections. Using this as the basis, the investigating officer has quantified the disproportionate assets to the tune of Rs 58.23 crore in his name, wife, son, daughter, relatives and associates for the check period from April, 2016 to March 2021.

The issue whether the relatives and close associates of a public servant could be held liable under the relevant provisions of the Prevention of Corruption Act is not undecided anymore in the light of a Supreme Court verdict. Even in the prosecution of the former Chief Minister J Jayalalithaa, her close associates Sasikala, Ilavarasi and Sudhakaran were prosecuted, convicted and sentenced for abetment under the Act, the judges pointed out.

Velumani's senior counsel submitted that an FIR can be registered only when there is a prima facie case, following an explanation from the public servant and if the police officer forms an opinion that a cognizable offence has been committed and not before that. ''This submission, in our opinion, deserves to be only rejected,'' the bench said and added that ''...we do not find any valid ground to interfere with the FIR.'' As regards the FIR on civic bodies vis-a-vis tenders, the court said that it is open to the investigating officer to proceed with the probe and if he gathers any fresh materials to implicate Velumani in award of contracts, alleged to be his 'benamies and associates and relatives,' the former minister can be arraigned. The bench said that criminal law cannot be used to fuel a witch hunt. Be it a politician or any other citizen, the court cannot remain a mute spectator when the police power of the State is sought to be used for oblique purposes. ''Therefore, we find that the registration of FIR (related to contracts by civic bodies) against Velumani is a colourable exercise of power by the police and hence, it deserves to be quashed,'' the bench said. The bench pointed out that the report of the Comptroller of Audit General found fault with officials and nothing more.

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