The Court emphasized the duty of the High Court to prevent miscarriage of justice and to correct irregularities in the criminal justice system, and held that the Special Court's actions resulted in a miscarriage of justice.

JUDGMENT

(Prayer: Criminal Revision case filed under Section 397 of Cr.P.C. to call for the records on the file of the Principal Sessions Judge, Virudhunagar District at Srivilluputtur (Designated Special Court for MPs and MLAs) passed in Spl.Case.No.20 of 2019, dt.12.12.2022 and set aside the same.)

As the judge holding the portfolio for MP/MLA cases in the State, two orders of the Special Court for MP/MLA Cases (Principal Sessions Judge), Virudhunagar District at Srivilliputhur discharging the accused, who were political personages of the ruling party in the State, were placed before me for scrutiny. Special Case No 19 of 2019 was a case involving the incumbent Minister for Revenue and Disaster Management Mr.K.K.S.S.R. Ramachandran, his wife Adhilakshmi and another. The second was Special Case No.20 of 2019 involving the incumbent Electricity Minister Mr.Thangam Thennarasu and his wife T. Manimegalai. In the former case, the accused were discharged by an order dated 20.07.2023 and in the latter case the accused were discharged by an order dated 12.12.2022.

2. It was a deja vu moment for this Court as both orders revealed a wellorchestrated pattern: the Special Court had taken cognizance of the final reports in 2013/14. Discharge applications were filed, and the cases were adjourned for months and years on end till 2021. In 2021, the political fortunes in the State smiled at the main accused who regained their positions as Ministers in the State Cabinet. A few months thereafter the State prosecution very magnanimously came forward and offered to conduct “further investigation”. The product of this “further investigation” was a “closure report” tailored to support the grounds for discharge. The Special Court was then presented with a perfect fiat accompli as the prosecution suddenly whitewashed its earlier final report and presented a picture of complete innocence. On its part, the Special Court accepted the closure report and proceeded to discharge the accused.

3. This Court smelt a rat and called for the entire records of these two cases. "Something is rotten in the State of Denmark", said Shakespeare in Hamlet. On examining the records, this Courtis of the considered opinion that something is very rotten in the Special Court for MP/MLA Cases at Srivilluputhur.

4. This order deals with the case of Mr.Thangam Thennarasu and his wife Manimegalai who were arrayed as A1 and A2 in Special Case No.20 of 2019 before the Special Court for MP/MLA Cases (Principal Sessions Judge), Virudhunagar District at Srivilliputhur.

5. Mr.Thangam Thennarasu @ T. Thennarasu was elected to the Tamil Nadu State Legislative Assembly from the Arupukottai constituency in May 2006. Between 13th May 2006 and 14th May 2011, he was a member of the State Cabinet of the DMK holding the portfolio as the Minister for School Education. He was re-elected on a DMK ticket from the Tiruchuli constituency in 2011, 2016 and 2021 respectively.

6. The case of the prosecution is that during the check period (15.05.2006 and 31.03.2010) Mr.Thennarasu, the then Education Minister, and his wife Manimegalai had amassed assets which were far in excess of their known sources of income. On 14.02.2012, a case in Crime No 3 of 2012 was registered by the DVAC, Virudhunagar alleging the commission of the following offences.

In the course of investigation, the investigation officer Mr.S.Swaminathan examined 93 witnesses and collected 101 documents and filed an exhaustive final report before the Special Court for Prevention of Corruption Act Cases, Madurai on 15.11.2012. In the meantime, sanction for