HC questions court's impartiality in corruption cases, says it has become part of an unholy alliance

In a stern message, the Madras High Court expressed concerns over the current approach taken by special courts in dealing with cases of disproportionate assets involving Members of Legislative Assembly (MLAs) and Members of Parliament (MPs). The court warned that this approach could essentially lead to the demise of such cases under the Prevention of Corruption Act. The court's observations came during a suo motu revision of the discharge of two DMK ministers, Thangam Thennarasu and K K S S R Ramachandran, from cases related to disproportionate assets.

Justice N Anand Venkatesh highlighted a disconcerting pattern in these cases, emphasizing that when there is a shift in political power within the state, the identities of both the accused and the prosecution seem to blur, with all involved parties appearing to be on the same side. Justice Venkatesh noted, "Realising this, the umpire - the special court - appears to have decided that the wisest course open to it was to get itself out hit wicket."

The judge went on to describe the situation as another instance of criminal trials being undermined due to the manipulation by those in political authority. He voiced his concerns that if this trend continues unchecked, the specialized courts established for the trials of politicians could be exploited for nefarious practices that undermine the criminal justice system.


Justice Venkatesh also drew attention to the concerning behavior of investigating officers (IO) who changed their stance and favored the accused after a change of political regime in 2021. The judge pointed out that the IOs, who had initially opposed discharge petitions filed by the accused, suddenly altered their stance and filed closure reports in favor of the defense once the accused regained ministerial positions.

The court further criticized the validity of a supplementary report filed by the IOs, which seemed to nullify the earlier findings in the case. Justice Venkatesh explained that instead of supplementing the investigation, the IOs seemed to have replaced the earlier report, effectively erasing its conclusions. The judge expressed concern that when investigating officers align themselves with politicians in power, the principle of fair and impartial investigation becomes a mere facade.

While Justice Venkatesh emphasized that he held no personal grudges against individuals, he lamented that the judiciary had unfortunately become entangled in what he called an "unholy alliance." In response to the situation, the court issued notice to the two ministers who were discharged by the principal sessions judge, and the court directed the registry to inform the Chief Justice of the High Court about the order.