P NALLAMMAL Vs. STATE REP

JUDGEMENT

(1.) Leave granted.

(2.) Some of the former Ministers of the Tamil Nadu Government in the Ministry headed by the erstwhile Chief Minister Smt. Jayalalitha are being prosecuted before certain Special Courts for the offence, inter alia, under Section 13 (1) (e) of the Prevention of Corruption Act, 1988 (for short "the P. C. Act"). The former Speaker of the Tamil Nadu Legislative Assembly (when Smt. Jayalalitha was the Chief Minister) is also facing a similar charge. They are indicted on the premise that they were public servants during the relevant time and that each one has amassed wealth disproportionate to his/her known sources of income, for which he/she is unable to account.

(3.) But in all such cases , some of their kith and kin are also being arraigned as co-accused to face the said offence read with Section 109 of the Indian Penal Code (for short "the Penal Code"). Appellants herein are all those kith and kin who are now being proceeded against for the said offences in conjunction with the public servant concerned. They raised preliminary objections before the Special Courts on various grounds for pre-charge exoneration, but the Court repelled all such objections. They moved the High Court of Madras against such orders, but a learned single Judge who heard the motions together, along with certain other petitions arising from the same prosecution proceedings, dismissed all the petitions by a common order, which is now being challenged in these appeals.