SC rejects TN anti-corruption agency's plea seeking fresh probe against ex-CM Palaniswami

Palaniswami, the general secretary of AIADMK, served as the CM between 2017 and 2021. It has been alleged that he awarded contracts in the highway department based on favouritism during his tenure as the CM.

New Delhi: The Supreme Court on Friday declined to entertain a plea by the Tamil Nadu's Directorate of Vigilance and Anti-Corruption (DVAC) against a Madras High Court order that declined a fresh preliminary inquiry against former chief minister Edappadi Palaniswami in connection with an alleged highway tender scam.

Senior advocate Dushyant Dave, representing DVAC, opposed before a bench of Justices Bela M Trivedi and Satish Chandra Sharma the high court's observations against an inquiry into Palaniswami's alleged involvement in the highway scam.

He contended that there cannot be any objection to law taking its own course. 

Dave submitted that the agency was entitled to probe, and an inquiry may, if justified, be ordered by a subsequent government and that change of the government is no ground for the inquiry to not happen.

He said that the apex court had earlier held that investigation must take place and it cannot be interdicted. 

However, the bench expressed its disinclination to interfere with the high court order. 

Dave insisted that this is a serious case of corruption and the court must allow DVAC to at least investigate. 

He pointed out that the preliminary investigation was made when Palaniswami was in charge of the public works department and the police, besides being the chief minister of the state.

The bench told Dave, "Whatever is usually permissible within the four corners of the law, you may do". 

The bench said, "We are neither allowing anything, nor stopping you”.

Dave said the high court's observations will come in the way and the aspect of political rivalry should not come in the way of an investigation, if the use of the power is for a legitimate object. 

He said that this matter, a very serious one, will require detailed examination. However, the bench was not convinced and dismissed the appeal filed by DVAC.

Palaniswami, the general secretary of All India Anna Dravida Munnetra Kazhagam (AIADMK), served as the CM between 2017 and 2021. It has been alleged that he awarded contracts in the highway department based on favouritism during his tenure as the CM. 

A previous inquiry conducted by the DVAC cleared him of suspicion.