Reconsider suo motu proceedings in DA case:, says OPS’ brother Raja

CHENNAI: O Raja, the brother of O Panneerselvam(OPS) submitted before Madras High Court to consider the long time lapse, since the order passed discharging former chief minister and his family from disproportionate assets (DA) case.

Justice N Anand Venkatesh heard the submissions of senior counsel R Sreenivasan representing O Raja and his wife Sasikalawathy in the suo motu criminal revision. The counsel submitted that despite there being no time limit to excess suo motu, the Supreme Court has said that it should be within a reasonable period. Since the discharge order was passed 12 years ago and two of the accused were deceased, of court should consider the long lapse of time, to reconsider initiation of suo motu criminal revision.

The counsel submitted that under section 173(8) CrPC, all the magistrates are empowered to issue an order for further investigation after a final report is filed. Issuing an order for further investigation is at the complete discretion of the magistrate and the power will remain till the trial commences, said the counsel.

Earlier the DA case was heard by the Theni CJM until the special court in Madurai transferred the case to special court, said the counsel. The accused approached the HC Madurai bench. It transferred it to the Sivagangai special court, which granted permission to further investigation and also revoked the sanction against OPS, as new material was found, said the counsel. Further, the counsel sought to reconsider the initiation suo motu as the discharge order was issued 12 years ago.

After the submission, the judge posted the matter to April 30.