STATE Vs. B.VALARMATHI

JUDGEMENT

(1.) This is yet another case where the Special Court for Prevention of Corruption Act Cases at Chennai has discharged a former Minister and her family from a case under the Prevention of Corruption Act. This case follows a now well-established pattern where the DVAC registers a case against a former Minister completes an investigation and files a final report. In the meantime, the opposition returns to power and the former Minister finds herself back in the political saddle. Discharge petitions are quickly filed and allowed as soon as the Minister returns to power thereby precluding any challenge to the order before this Court during the remaining spell of the Government. By the time the next Government is voted to power the law of limitation would have ring fenced any possible attempt to reopen the matter.

(2.) Mrs. B. Valarmathi was elected to the Tamil Nadu Legislative Assembly from the Alandur constituency on an AIADMK ticket in May 2001. Between 19/5/2001 and 26/8/2004 she was the Minister for Social Welfare Development. She was later the Minister for Rural Industries from 27/8/2004 to 13/5/2006. In the May 2006 elections, the AIADMK was voted out of power. On the basis of credible information received from sources the Vigilance and Anti-Corruption Unit of the State Police (DVAC) registered an FIR in Crime No.2/07/AC/HQ on 28/8/2007 against B. Valarmathi (A1), her husband K.V Balasubramanian (A2) and their two sons B. Muthamizhan (A3) and B. Moovendran (A4) for offences under Sec. 13(2) read with Sec. 13(1)(e) of the Prevention of Corruption Act, 1988 and Ss. 109 IPC read with Sec. 13(2) read with Sec. 13(1)(e) of the Prevention of Corruption Act, 1988. It was alleged that during the check period between 19/5/2001 and 13/5/2006, A1 in her capacity as a Minister in the State Cabinet had come into possession of substantial properties and pecuniary resources in her name as well in the names of her family members A2-A4.

(3.) In the course of the investigation, the DVAC recorded the statements of 111 witnesses and collected 149 documents. A final report under Sec. 173(2) Cr. P.C was filed before the Principal Sessions Court, Chennai on 23/10/2010 alleging the commission of offences under Sec. 13(2) read with Sec. 13(1)(e) of the Prevention of Corruption Act, 1988 against A1 and Ss. 109 IPC read with Sec. 13(2) read with Sec. 13(1)(e) of the Prevention of Corruption Act, 1988 against A2 - A4. According to the prosecution, at the end of the check period, A1 was found to have in her possession pecuniary resources and properties disproportionate to her known sources of income to the tune of Rs.1,70,34,871.00. It was also alleged that A2-A4 had aided and abetted A1 by holding on behalf of A1, a substantial portion of the properties and pecuniary resources. The Principal Sessions Judge, City Civil Court, vide proceedings dtd. 2/2/2011 took cognizance of the case as C.C.No.7 of 2011 and made over the matter to the IV Additional Special Judge, City Civil Court, Chennai.