The Chennai High Court ordered the dismissal of the review petition filed by DMK former minister K.N. Nehru, stating that it had only directed that a case be registered and an investigation be conducted regarding the recruitment irregularities in the Municipal Administration Department, and had not determined anyone to be guilty.
During the previous DMK regime, the Chennai High Court had directed the Anti-Corruption Department to register a case on the basis of a letter sent by the Enforcement Directorate, which stated that Rs. 634 crore in bribes had been received for the appointment of 2,538 officials, including assistant engineers and junior engineers, in the Municipal Administration Department.
Based on this order, after a case was not registered, a contempt of court petition was filed on behalf of AIADMK MP Inbadurai. Similarly, a petition was also filed on behalf of former minister K.N. Nehru seeking a review of the order directing that a case be registered. Arguments in this case had concluded and it had been adjourned for judgment.
In this case, the bench comprising Chief Justice S.A. Dharmadhikari and Justice G. Arulmurugan delivered the verdict on Monday: Rejecting Nehru’s side’s argument that it is illegal for a succeeding government to change a decision taken by the previous government due to a change in administration, the judges said that when a case has been registered and is being investigated on the basis of a court order, the government has the right to withdraw the petition seeking review.
The Supreme Court has stated that if there is evidence that the decisions taken by the previous administration were illegal, those decisions can be reversed. Since a case has already been registered against former minister K.N. Nehru, it ordered permission for the government to withdraw the petition filed seeking a review of the order directing that a case be registered.
The petition seeking registration of a case against K.N. Nehru was adjourned for judgment on Feb. 4 and judgment was delivered on Feb. 20. During the two-week interval, no effort was made by K.N. Nehru’s side to file a petition stating that an order should not be issued without hearing their arguments. The court had only ordered that a case be registered and an inquiry be conducted; it had not declared anyone guilty.
During the investigation, and during the court proceedings, K.N. Nehru’s side will have every opportunity to present its arguments. Citing a Supreme Court ruling in a case that at the investigation stage it is not necessary to hear the accused’s side, they ordered the dismissal of K.N. Nehru’s petition.
Similarly, stating that a case had already been registered based on the High Court’s order in this matter, the judges also disposed of the court case filed by AIADMK MP Inbadurai.