New Delhi [India], June 16 : The Madras High Court on Tuesday dismissed a public interest litigation seeking a Central Bureau of Investigation (CBI) probe into alleged horse-trading by functionaries of the Tamilaga Vettri Kazhagam (TVK), which purportedly resulted in four AIADMK MLAs resigning from the party and joining the ruling outfit in Tamil Nadu.
A bench of Chief Justice Sushrut Arvind Dharmadhikari and Justice G Arul Murugan questioned the maintainability of the plea and observed that a CBI investigation could not be ordered into the issue without any material or evidence indicating foul play or corrupt practices behind the resignation of the four legislators.
The Court held that the petition was founded on mere suspicion and lacked the factual basis necessary to invoke its extraordinary jurisdiction. It observed "at the threshold, we must observe that the entire edifice of the writ petition rests upon conjectures, suspicion and a total absence of foundational material facts."
The bench reiterated that a CBI investigation could be directed only in exceptional cases supported by evidence. It noted "The extraordinary power to direct an investigation by the CBI is to be exercised sparingly, cautiously, and only in exceptional situations where a prima facie case of a clear cognizable offence is established by evidentiary facts."
Rejecting the allegations of corruption, the Court found that the plea contained no particulars of any alleged inducement or unlawful transaction. It said "In the case at hand, the petition itself is based on the assumption of corruption, without giving any details about the transactions or source of such information and, therefore, in our firm view, this public interest litigation is nothing but a classic example of a fishing expedition."
The Court also clarified that political defections by themselves do not amount to criminal misconduct under the Prevention of Corruption Act. It observed "While a sudden realignment of political loyalty by respondent Nos.12 to 15 may cause financial strain due to the necessities of conducting a bye-election, such political choices do not ipso facto translate into criminal misconduct under the Prevention of Corruption Act, in the complete absence of proof of an unlawful quid pro quo."
The Court thus held that the petitioner had failed to make out any case for a CBI investigation and concluded that the same is entirely misconceived, devoid of specific factual details, and legally unsustainable.
The petitioner sought a CBI enquiry against TVK, Minister N Anand and TVK leader Aadhav Arjuna, alleging horse-trading after four AIADMK MLAs resigned while disqualification proceedings against them were pending.
The issue arose from political developments in May, when AIADMK MLAs K. Maragatham Kumaravel (Madurantakam), S Jeyakumar (Perundurai), P Sathyabama (Dharapuram) and Dr E Subaya alias Esakki Subaya (Ambasamudram) resigned from their Assembly seats on May 25 and 26 before joining the ruling TVK.
Subaya's resignation followed the exit of the first three legislators and reduced the AIADMK's strength in the Assembly to 43 members.
As per the petition the four former legislators were part of a larger group of AIADMK MLAs who had allegedly defied the party whip and voted in favour of the TVK government during the vote of confidence held on May 13, after which disqualification petitions were initiated before the Speaker.
At the time, AIADMK General Secretary Edappadi K Palaniswami had accused the ruling party of indulging in horse-trading, while AIADMK turncoat and Tamil Nadu Minister KA Sengottaiyan attributed the resignations to dissatisfaction with the party leadership.
The resignations followed weeks of speculation over internal divisions within the AIADMK after the faction led by CV Shanmugam and SP Velumani extended support to the TVK government during the Assembly floor test. However, signs of reconciliation later emerged when MLAs belonging to the faction withdrew a letter earlier submitted to the Assembly.
The petitioner was represented by Advocates S Sankar, S Krishnan and B Mariappa Babu, while Senior Advocate Abhishek Manu Singhvi, along with Advocates Dixita Gohil, Pranjal Agarwal, Yash S Vijay and T Mahendhran appeared for TVK and it's office-bearers.