SC slams Madras HC single-judge bench for suo-moto action without Chief Justice's approval in TN minister's case

The court asked the Madras High Court's Chief Justice to take a fresh call on fixing the matter for hearing before a particular bench.

New Delhi: The Supreme Court on Monday said the Madras High Court's single-judge bench should have taken Chief Justice's approval before exercising suo motu jurisdiction in a corruption case concerning Tamil Nadu's Revenue Minister K K S S R Ramachandran and his wife Aadhilakashmi P Visalatchi for amassing assets unrelated to their sources of income.

A bench of Justices Hrishikesh Roy and Prashant Kumar Mishra asked the Madras High Court's Chief Justice to take a fresh call on fixing the matter for hearing before a particular bench.

The top court was informed that no prior approval was taken from the High Court's Chief Justice by a single judge bench exercising suo motu jurisdiction in the matter.

"We deem it appropriate to say that the suo motu matters should be considered by the Chief Justice; he may either take the matter himself or to another judge as he may consider appropriate. Thereafter the matter will proceed on merits," the bench said.

The court also observed that the trial court has been acquitting all the ministers in the case.

While hearing senior advocates A M Singhvi and Sidharth Luthra for the petitioners and senior advocate Rakesh Dwivedi for the Madras High Court, the court also took into consideration the Madras High Court Registrar General's report.

The bench said the single judge bench of Justice Anand Venkatesh should not have ordered for numbering of the case and fixing the matter before his court without approval of the Chief Justice.

Referring to the HC's Registrar General's response, Singhvi contended the order can cause chaos and havoc.

Dwivedi, on his part, said the approval by the High Court's Chief Justice had subsequently been granted.

The bench said the Chief Justice is the master of roster and any exercise of jurisdiction should certainly emanate from his office.

"The single judge should ideally have asked the Chief Justice to allot suo motu registration of cases," the court said.

The High Court's single judge bench of Justice Venkatesh had on August 21, 2023, declared the discharge order by Virudhunagar Principal Sessions Court in the disproportionate assets case on July 20, 2023 as illegal.

The court had on January 29, 2024 asked the High Court's Registrar General to inform if prior approval of the High Court's Chief Justice was taken for exercise of suo motu jurisdiction.

The HC's Registrar General, in response, submitted that prior approval of the Chief Justice of Madras High Court for exercising Suo Motu Jurisdiction was not taken.