The Madras High Court on Friday stayed all further proceedings in a corruption case registered by the Directorate of Vigilance and Anti-Corruption (DVAC) against former DMK minister K N Nehru, his brothers, and others until June 23. The interim order came after the DVAC registered a First Information Report (FIR) on June 5 in connection with a suspected cash-for-job scam.
Background of the Case
The DVAC case stems from allegations of corruption in recruitments flagged by the Enforcement Directorate (ED). The FIR names Nehru, N Ravichandran, K N Manivannan, D Ramesh, T Selvamani, Kavi Prasad, IAS officer P Ponniah, and Ratesh, along with other unknown individuals.
During the hearing, Advocate-General Vijay Narayan informed the first bench of Chief Justice Sushrut Arvind Dharmadhikari and Justice G Arul Murugan that the FIR had been registered. The judges then passed the interim stay order.
Urgent Mention by Senior Counsel
At 12:30 PM, senior counsel P H Arvindh Pandian, representing Nehru, made an urgent mention before the bench. He argued that despite an undertaking given by former Advocate-General P S Raman that no precipitative action would be taken until the final hearing on June 23, the DVAC had proceeded with the FIR.
In response, Advocate-General Vijay Narayan stated that based on a previous interim court order directing the registration of an FIR, the DVAC had acted on the information provided by the ED regarding corruption in the municipal administration department. The bench expressed surprise, noting that all parties had consented not to precipitate the matter until the final hearing. “The former AG has given an undertaking to this effect,” the judges remarked.
Arguments from the Advocate-General
Vijay Narayan acknowledged the undertaking but pointed out that it was not recorded in the court files. “But nothing is on record. If your lordships are saying so, there is no doubt that it was done. Your lordship should kindly appreciate my predicament. The papers that came to me for an opinion, only the interim order was available. I am not supposed to question the previous AG or the previous govt,” he said.
He further argued that the undertaking given by the previous Advocate-General was not binding on the new government. “When I saw the papers, I found that there was no legal impediment. Only FIR has been registered. The undertaking given by the previous AG is not binding on this new govt,” he added. He also informed the court that the state had decided to withdraw a review application filed against the interim order directing the registration of the FIR.
Counter from Senior Counsel
Senior counsel Arvindh Pandian countered, stating, “Govt is a govt. It does not change. Only people managing it changes.” He emphasized that the undertaking should be honored regardless of the change in administration.
Court's Interim Order
After hearing both sides, the bench passed an interim order stating, “... Since the hearing is already fixed on June 23, no harm would be caused to the state if further proceedings are kept in abeyance till then.” The court stayed all further proceedings against any of the parties until the next hearing date.
This development provides temporary relief to Nehru and the other accused, as the court will now take up the matter for final hearing on June 23.
