SC issues notices to 10 DMK leaders in corruption case
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Last Updated: Friday, April 23, 2010, 19:48
  
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 state.

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 Paneerselvam.

The notice has also been issued to Ranganayagee, wife of S Armugham and P Senthamizhhselvam, wife of M R K Paneerselvam.

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 petition said.

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 petition said.

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.

PTI


First Published: Friday, April 23, 2010, 19:48


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