The Supreme Court has agreed to hear the plea of Tamil Nadu Rural Development Minister I Periyasamy regarding a corruption case on April 8th. The case revolves around a challenge to the Madras High Court's order for his trial, a matter that has garnered widespread attention.
A bench comprising Justices Hrishikesh Roy and Prashant Kumar Mishra has slated the hearing for Monday, responding to urgent pleas from Periyasamy's legal counsel. The minister, represented by advocate Ram Sankar, has petitioned the apex court for a deferment of the trial and exemption from personal appearance in the ongoing proceedings in Chennai.
Central to the legal tussle is the reversal of a previous discharge order issued by the trial court on March 17, 2023, which was overturned by the Madras High Court on February 26. Periyasamy's appeal against this decision underscores a crucial legal argument concerning the necessity of obtaining prior sanction for prosecution.
Senior advocate Kapil Sibal, representing Periyasamy, has contended that according to Section 197 of the Indian Penal Code, 1860, and Section 19(1) of the Prevention of Corruption Act 1988, the prosecution must secure sanction from the state governor. Sibal highlighted that the current sanction, granted by the state assembly speaker and limited to allegations under the Prevention of Corruption Act, falls short of legal requirements for acts performed in a ministerial capacity.
Periyasamy, who held the position of cabinet minister for housing and urban development in the DMK government from 2006 to 2011, maintains his innocence regarding allegations related to the allocation of land to an individual named Ganesan. He asserts that his actions were devoid of any bribery or personal gain.
The legal battle has thus far navigated through layers of judicial review, culminating in the Supreme Court's upcoming deliberation on the matter.
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