Supreme Court stays Madras High Court order restoring disproportionate wealth case against former CM O Panneerselvam

The high court, on October 29, set aside an order of a lower court permitting the prosecution to withdraw from a disproportionate wealth case against Panneerselvam and others, and discharging the accused.

New Delhi: The Supreme Court on Friday suspended the Madras High Court's order, which restored a disproportionate assets case against expelled AIADMK leader and former Tamil Nadu chief minister O Panneerselvam and seven of his family members.

A bench of Justices Hrishikesh Roy and S V N Bhatti put on hold the order while issuing notice on the plea filed by Panneerselvam.

On October 29, the High Court had set aside a lower court order, which permitted the prosecution to withdraw from a disproportionate wealth case against Panneerselvam and others, and discharging the accused on December 3, 2012.

During the hearing, the court noted that the High Court had interfered with the withdrawal of the prosecution order, which resulted into discharge of the accused, and the single judge of the High Court ordered for the restoration of special cases to the file of the concerned special court.

The bench said the High Court directed the special court to frame charges with the observation that prima facie materials are available. The bench noted that following these orders, the accused were directed to appear before the special court.

The bench recorded a submission by the petitioners that the High Court expropriated the powers conferred under by the CrPC and decided that the special judge should frame the charges.

Senior advocates Dr Abhishek Manu Singhvi, Sidharth Luthra, Mukul Rohatgi and S Nagamuthu appeared for the accused.

The High Court had set aside a lower court’s 2012 order, which permitted the Directorate of Vigilance and Anti-Corruption (DVAC) to withdraw the 2006 disproportionate assets case registered against the former CM and his kin.

Acting suo motu, Justice N Anand Venkatesh of the Madras High Court set aside this order on October 29, 2024. This High Court order was challenged before the apex court.