Chennai: The Madras High Court today transferred to CB-CID a case in which IPS officer Sivanandi and a lawyer are involved, observing this was a textbook case demonstrating the 'evil effects' of an unholy nexus between a serving senior police officer, lawyers, businessmen and goondas.
"With Sivanandi continuing as Inspector General of Police, small wonder if the investigation by local police would be free from interference," Justice P N Prakash said.
He stated this while dismissing three petitions by de facto complainant Pandiarajan - one claiming he was cheated of Rs 50 lakh by three persons another on 'threats' by Sivanandi and a lawyer to withdraw his complaint on the matter and the last on his 'barging' into the home of the Chief Justice in April in connection with making a special mention to hear the bail petition by the officer and one Ganapathy in another case.
Ganapathy had sought a directive to the Deputy Commissioner of police to quash the lookout circular issued against him, enabling him to go abroad.
The court noted that police had collected enough material incriminating Sivanandi in the offence. Getting an affidavit from Pandiaraj was a 'brazen attempt' to impede the course of the probe, which would entail cancellation of bail, he said.
On the cheating complaint, the prosecution case was that Pandiarajan had paid Rs 50 lakh to three persons and unnamed others for investing in a bottling company run by them on the promise he would be given 25 per cent equity shares in the company. But after getting the amount, they neither allotted shares nor paid dividend and gave false information to the Registrar of Companies by concealing the investments.
Pandiarajan then filed a complaint and was called to the office of the Deputy Commissioner of Police, Central Crime Branch, to give some details. While coming out, he was accosted by an 11-member gang, reportedly at the behest of the IPS officer, and was forced to withdraw the complaint he had given.
He later filed a complaint at nearby police station on April 1 2015, disclosing the 'involvement' of Sivanandi and others in intimidating him, which was registered.
Sensing imminent arrest of the accused and that the following days would be holidays, the advocates had in April 'barged' into the CJ's house to make a special mention to take up the bail petitions, knowing fully well that he was in Delhi.
The judge dismissed the petitions filed by the accused to quash the two FIRs registered against them, saying "the glorious reputation of Madras High Court reached its nadir.
Police had allowed a free hand for the lawyers to have their way, perhaps out of fear of reprisal. This incident once again proved the point how defenseless judges are, he said.
The judge refused to accept the contentions of counsel for all parties that Pandiarajan has informed police that he has withdrawn the complaint, quoted a Supreme court judgement and said the lookout circular cannot be quashed.