New Delhi: The Supreme Court on Friday issued
notices to ten DMK leaders, including five ministers of Tamil
Nadu, accused of amassing disproportionate assets, on
petitions challenging their acquittal by trial courts in the
A bench comprising Justices Markandey Katju and A K
Patnaik sought a response from them on the petitions filed by
three AIADMK leaders challenging the Madras High Court
decision dismissing their revision petition against the
discharge by the trial courts.
The DMK leaders from whom the apex court has sought
response are S Armugham, D Durai Murugan, Periyasamy, K N
Nehru, K O C Mani (all ministers in Tamil Nadu government), S
Raghupathy (former Union Minister), P Kulanthai Velu and M R K
The notice has also been issued to Ranganayagee, wife
of S Armugham and P Senthamizhhselvam, wife of M R K
AIADMK leaders J M Arumugam, M Govindan and P
Ravindran contended that the Madras High Court had wrongly
dismissed their revision petition.
The advocate, appearing for petitioners, said the
order of the High Court that the plea was not maintainable by
third party was clearly in conflict with the law laid down by
the apex court.
"Once a question regarding the illegality of an order
of the court below is brought to the notice of the High Court,
then the High Court cannot refuse to entertain the same on the
ground that petitioner has no locus to file the petition," the
They contended that the state government's failure in
not filing the revision plea against the orders of discharge
by trial courts had resulted in "miscarriage of justice".
"The state/prosecuting agency did not challenge the
order even when investigation and chargesheet prima-facie held
the respondents (accused) guilty of offence under the
Prevention of Corruption Act. The state failed in its duty in
not filing the revision petition against the order of the
discharge, which has resulted in miscarriage of justice," the
The Madras High Court had on April 28, 2008, dismissed
the petitions challenging the order of various trial courts
discharging all the accused on the ground that no prima facie
cases were made out against them.
First Published: Friday, April 23, 2010, 19:48