Madras HC dismisses PIL seeking guidelines for scrutiny

Last Updated: Thursday, February 17, 2011 - 22:27

Chennai: Madras High Court on Thursday dismissed a
PIL, at the admission stage itself, seeking a direction to the
Union Government to formulate guidelines for scrutiny of cash
withdrawals from "Secret Service Funds" of different States.

In his petition, ST Varadarajulu, an Advocate, alleged
`Secret Service Funds` were not used for the purpose they were
meant to be. The money went into wrong hands for personal
monetary gains, petition alleged.

He also submitted there was no transparency in the cash
withdrawn. For the past several years, the country faced new
challenges. Despite increase in the allocation of money to the
secret fund, the police was not been able to take control of
situations and intelligence failures were very common, the
petitioner alleged.

Varadarajulu also sought a direction to call for the
records from the Comptroller and Auditor-General of India
pertaining to the funds for Tamil Nadu for the last five years
and direct a CBI probe into the utilisation of the money so
that guilty officers could be prosecuted.

Dismissing the Petition, a Division Bench, consisting of
Justices Elipe Dharma Rao and D.Hariparanthaman, said though
allegations had been made in the affidavit, no material in
support thereof had been produced.

The petitioner had not indicated the provision of law under
which the fund had been created to indicate how the money had
to be spent, the judges said.

The court said the petitioner?s earlier prayer had been
dismissed last year by the Supreme Court last, which observed
that it could not be acceded to in the absence of any
provision of law. The Bench also said the prayer seeking a
direction to the Centre to ensure that steps were taken to
formulate guidelines could not be granted since it was for the
Legislature to frame laws/guidelines.

The `secret service funds` relate to allocation of money
by the government to the state police department.


First Published: Thursday, February 17, 2011 - 22:27

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