DURAI MURUGAN Vs. DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THE petitioner is a member of the legislative Assembly from Katpadi constituency and claims to be the Deputy General Secretary of the Dravida Munnetra Kazhagam (DMK), a registered political party. He was also a former minister during the tenure of the previous Government. The short question that arises for consideration in this writ petition is whether the petitioner should be given one more opportunity by re-issuance of a final opportunity notice in the investigation into the disproportionate Assets case registered against him? The petitioner by a notice dated 11.3.2012 issued by the Deputy Superintendent of Police, Vigilance and Anti Corruption, Vellore, was directed to sent his replies in response to a questionnaire form given on or before 20.3.2012. He was informed that if he did not appear and give his statement or if he expressed his intention not to give any reply, it will be presumed that he has no explanation to offer and further criminal investigation will take place. The petitioner challenging the said notice filed a writ petition before this court in W.P.No.8391 of 2012.

(2.) THIS court disposed of the writ petition by an order dated 10.04.2012 after recording the statement made by the learned Public Prosecutor and in paragraphs 11 to 13, it was observed as follows :

(3.) IN the impugned order issued to the petitioner, the disproportionate assets are shown as follows : Statement-I Assets at the commencement of the check period i.e. as on 1.4.2007 2. ,09,20,523 Statement-II Assets at the end of the check period i.e. as on 31.3.2009 4,63,38,368 Statement-III Income from the known sources of income during the check period i.e., from 1.4.07 to 31.3.09 2,90,04,689 Statement-IV Expenditure during the check period i.e., from 1.4.07 to 31.3.09 1,76,61,018 Statement-V Value of assets acquired during the check period i.e., from 1.4.07 to 31.3.09 2,54,17,845 Statement-VI Likely savings during the check period i.e., from 1.4.07 to 31.3.09 1,13,43,671