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“Violates principles of natural justice”: Supreme Court criticizes Madras High Court for retaining inquiry report in sealed cover

The case arose out of a private complaint filed by the first respondent against the appellant alleging that while he was serving as a Minister, he misused his powers by influencing the tender process to ensure that tenders were awarded to his close aides.

The High Court directed IPS Ponni to conduct an enquiry and submit a report to Director of Vigilance and Anti-Corruption, who in turn will submit the report to the High Court in a “sealed cover”.

After the report was filed, the AIADMK led Tamil Nadu government, of which the appellant was a part, decided to close the case.

When government changed, it changed its stance and informed the High Court that it intends to conduct further investigation into the matter.

Subsequently, a case was registered against the appellant under Sections 420 (Cheating and dishonestly inducing delivery of property) and 409 (Criminal breach of trust by public, servant) read with Section 120B (Punishment for Criminal Conspiracy) of the Indian Penal Code (IPC) and Section 13(2) read with Sections 13(1)(c) and 13(1)(d) of the Prevention of Corruption Act, 1988 read with Section 109 of the IPC.

The High Court denied the appellant’s request to be supplied with a copy of the enquiry report leading to the present appeal before the Supreme Court.

Source: Barandbench

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