Chennai: Citing procedural irregularities involving selective and delayed grant of sanction, the Madras High Court on Wednesday transferred to the Central Bureau of Investigation (CBI) the probe into the alleged ₹397-crore transformer procurement scam, involving former minister V Senthilbalaji.
"...the procedures adopted by both the state and the DVAC are so heavily marked by unfairness that they fail to inspire any public confidence, creating an absolute necessity for an independent enquiry to ensure the integrity of the investigation," the first bench of Chief Justice Sushrut Arvind Dharmadhikari and Justice G Arul Murugan said on Wednesday.
The allegations levelled in the complaints concern public contracting under the authority of state government and are directed against persons who occupy high constitutional and political office in the state. In such circumstances, leaving the matter to be investigated by agencies that function under the administrative control of the state would raise a serious and reasonable apprehension, in the public mind, about institutional independence, the court said.
"The credibility of the process is as important as its outcome. Where a case concerns the integrity of public procurement and involves allegations of conflict of interest at the highest levels, an investigation must be not only fair but must also appear fair," the judges added.
The court directed the CBI to conduct a de novo investigation, as it deems fit, and proceed in accordance with law, with the state government, Tangedco, and the Directorate of Vigilance and Anti-Corruption (DVAC) extending full cooperation to conduct an effective investigation.
The court passed the order on pleas moved by Arappor Iyakkam and E Saravanan, deputy secretary of the AIADMK legal wing, seeking direction to the DVAC to register an FIR and to constitute a Special Investigation Team (SIT) to conduct a time-bound and independent probe into the allegations.
"We make it clear that the observations made in this judgment are limited only for the purpose of deciding whether independent investigation is warranted and shall not be construed as finding on the merits of the allegations, and they shall not prejudice any person in any proceedings that may arise," the bench said.
