In a significant development, the Supreme Court on Wednesday directed the Tamil Nadu government to file a detailed affidavit confirming that no criminal case against any sitting or former DMK minister or legislator—where prosecution sanction had been earlier granted—was later withdrawn without completing the investigation.
A bench comprising Justices Surya Kant, Ujjal Bhuyan, and N Kotiswar Singh issued the directive while hearing a Public Interest Litigation (PIL) seeking transfer of trials involving incumbent ministers from Tamil Nadu to other states. The PIL, filed by Chennai-based advocate Karuppiah Gandhi, alleged that prosecution sanctions in several politically sensitive cases were withdrawn prematurely on partisan grounds.
The court stated in its order:
“Senior Additional Advocate General seeks and is granted two weeks to file a specific affidavit that there is no case against any sitting or former minister or legislator of the political party in power, where earlier the sanction was accorded for prosecution but even before the investigation could be taken to a logical conclusion, such consent was withdrawn and as such the criminal cases were dropped.”
Appearing for the Tamil Nadu government, Senior Additional Advocate General Amit Anand Tiwari questioned the bona fides of the petitioner, asserting that the PIL was filed with “unclean hands.” However, the bench brushed aside the preliminary objections and insisted on transparency.
Justice Ujjal Bhuyan observed that the issue of arbitrary withdrawal of prosecution sanctions was not unique to Tamil Nadu, stating:
“This is a malady not confined to Tamil Nadu; it is across the country. If you open Pandora’s box, it will come back to you only.”
Senior advocate D S Naidu, representing the petitioner, cited multiple cases where prosecution sanctions were rescinded even before the completion of investigations, thereby undermining the criminal justice process. He urged the apex court to maintain strict judicial oversight.
The bench has posted the matter for further hearing on September 17, noting that it had issued notice to the state government in October 2023 and is inclined to hear the plea on merits.
The PIL seeks transfer of pending criminal trials involving state ministers and lawmakers out of Tamil Nadu, citing concerns over the independence and fairness of local prosecution. The petitioner contends that allowing the state to handle such cases erodes public confidence and impairs judicial integrity.
