SC directs to provide copy of inquiry report to ex-TN Minister

The Supreme Court has said that an accused may not be entitled to get all the documents relied upon by the prosecution until the magistrate takes cognisance of the offence but this cannot be allowed where an FIR has been lodged on a writ petition before the High Court and the state government made a volte-face with the change of regime.

"We hold that the mandate of Section 207 of Criminal Procedure Code (on furnishing police report and other documents) cannot be read as a provision etched in stone to cause serious violation of the rights of the accused as well as to the principles of natural justice," a three-judge bench presided over by Chief Justice N V Ramana said, directing the Madras High Court to supply a copy of the report which led to lodging of FIR against former Tamil Nadu Minister S P Velumani.

The bench, also comprising Justices Krishna Murari and Hima Kohli, also said it must be emphasised that prosecution by the State ought to be carried out in a manner consistent with the right to a fair trial, as enshrined under Article 21 of the Constitution.

The court allowed Velumani, currently AIADMK MLA, to obtain a copy of the report submitted by R Ponni, Superintendent of Police along with the other documents and pursue any appropriate legal remedy.

The bench further said, "It is a settled principle that the State cannot blow hot and cold at the same time. When the state government changed its stand, the High Court neither provided the appellant with an opportunity to defend himself nor sought a reasoned justification from the State for having turned turtle."

It was alleged that Velumani while serving as a Minister, had misused his powers to influence the tender process and ensured that those were awarded to his close aides. R S Bharathi filed a complaint with the Directorate of Vigilance and Anti¬Corruption. As no FIR was lodged, a writ petition was filed before the High Court for a direction in this regard. On February 17, 2020, the state government told the High Court, that no cognisable offence was made out upon preliminary enquiry.

However, with the change in political dispensation, the present DMK government, relying upon the CAG report, on August 9, 2021, went on to lodge the FIR against 17 persons, including Velumani as accused of various offences including cheating and others under the Prevention of Corruption Act.

Velumani, subsequently, sought a copy of the report which formed the basis of the FIR. This was, however, declined by the High Court in its order of November 8, 2021.