SC to hear TN minister's plea against Madras High Court order for trial in graft case

A bench of Justices Hrishikesh Roy and Prashant Kumar Mishra said it will take up the matter for hearing on Monday after I Periyasamy's counsel pleaded for urgent hearing.

New Delhi: The Supreme Court said on Friday it will hear on April 8 the plea of Tamil Nadu Rural Development Minister I Periyasamy challenging the Madras High Court order for his trial in a corruption case.

A bench of Justices Hrishikesh Roy and Prashant Kumar Mishra said it will take up the matter for hearing on Monday after Periyasamy's counsel pleaded for urgent hearing.

In an application filed through advocate Ram Sankar, Periyasamy sought the apex court's direction for deferment of trial and exemption from personal appearance in the graft case before a Chennai court.

The minister's has appealed against the February 26 order of the high court, which set aside the March 17, 2023 discharge order of the trial court.

The apex court had on March 18 noted that senior advocate Kapil Sibal, appearing for the petitioner, argued that prior sanction for his prosecution under Section 197 of the Indian Penal Code, 1860 and Section 19(1) of the Prevention of Corruption Act, 1988 was required to be obtained from the state governor, who under the law is the competent authority to grant such sanction.

Sibal had submitted that in this case, the sanction for Periyasamy's prosecution was issued by the state assembly speaker and was limited to the allegation under the Prevention of Corruption Act, 1988.

The senior lawyer had contended that such sanction from the speaker would be of no use for valid prosecution as sanction for the acts done in the capacity of a cabinet minister can only be granted by the governor.

Periyasamy, who served as the cabinet minister for housing and urban development in the DMK government in 2006-2011, has said he approved allotment of a plot of land in favour of a person named Ganesan. He has claimed he did not take bribe or benefited financially from his action.

'The trial court discharged the petitioner herein for want of sanction under Section 197 CrPC, whereas as stated above the high court set aside the same. The Petitioner herein filed the Special Leave Petition before this court inter alia pointing out that sanction under Section 197 CrPC is mandatory,' he has said in his application.

On February 26, the high court set aside the trial court order discharging Periyasamy from the corruption case and directed him to stand trial.