India

Only Governor, not Public Secretary can approve probe towards ministers, claims former DMK MLA

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Convinced together with his submissions, the primary Bench directed the State to file its counter affidavit.

The Madras High Court on Monday directed the State authorities to file its counter affidavit to a writ petition difficult a 2018 Government Order which mandates Directorate of Vigilance and Anti-Corruption (DVAC) to acquire Public division Secretary’s approval earlier than probing into corruption complaints lodged towards ministers.

Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy directed State Government Pleader V. Jayaprakash Narayanan to take discover and be sure that a counter affidavit was filed inside six weeks. The route was issued on the petition filed by M. Appavu, a former Member of the Legislative Assembly, owing allegiance to Dravida Munnetra Kazhagam.

The petitioner’s case was that he had lodged corruption complaints towards a number of the ministers belonging to All India Anna Dravida Munnetra Kazhagam. Claiming that the Governor must be the competent authority to grant approval for probing such complaints made towards ministers, the litigant opposed the authority having been given to Public division Secretary.

When the Chief Justice questioned the petitioner for having introduced a political battle to the court docket room and mentioned it was routine for political events in charge one another of corruption, senior counsel N.R. Elango identified that the current petitioner had truly raised a major query of regulation on who must be the suitable authority to grant approval.

He additionally learn out the Supreme Court’s 2004 verdict in a case filed by former DMK basic secretary Okay. Anbazhagan for transferring the disproportionate wealth case towards the then Chief Minister Jayalalithaa to another State. In that case, the apex court docket had rejected the rivalry of the switch petition having been filed because of political vendetta.

“In a democracy, the political opponents play an important role both inside and outside the House. They are the watchdogs of the government in power. It will be their effective weapon to counter the misdeeds and mischiefs of the government in power. They are the mouthpiece to ventilate the grievances o the public at large, if genuinely and unbiasedly projected,” the senior counsel quoted the Supreme Court to have mentioned and urged the Bench to entertain the current case.

Convinced together with his submissions, the primary Bench directed the State to file its counter affidavit.

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