Well spoken, Milord

Justice Anand Venkatesh of Madras HC, who is the portfolio judge of all courts that handle cases against MPs and MLAs in Tamil Nadu, has opened a can of worms that long deserved to be opened. In back-to-back decisions through August, the judge took suo motu action for revision of the acquittal and discharges from corruption cases of four senior politicians – three sitting DMK ministers and a former chief minister from AIADMK. The judicial glare on the conduct of lower courts and the administrative side in scuttling the cases is as unflinching as it is unsparing.

The judge detailed in every case the route taken to misdirect the case outcomes. He noted the “pattern” – transfer of cases, rapid closure of investigations, courts “blindly” accepting probe reports. Madras HC circled in on the state anti-graft agency DVAC as “the centre of the plot”, to say, “When a political party comes to power… DVAC swoops down on the opposition and clamps cases of corruption… Invariably, the opposition is voted back to power… DVAC, like puppets in the Muppets show… perforce sings a different tune.” The kerfuffle in Tamil Nadu political circles, given the likelihood of cases being reopened against DMK’s education, revenue and finance ministers, was expected. The fourth case Justice Venkatesh decided for revision was AIADMK’s O Panneerselvam’s. On Thursday, he called this case from 2012 what “started it all”. Probity in trial courts has always been a serious concern. In 1985, former CJI YV Chandrachud had noted, “Today, one hears whispers of a fall in judicial rectitude.” The whispers have grown into a crescendo, as has perhaps a certain tolerance for graft. Former CJI Ranjan Gogoi in 2021 said on the issue, “Judges don’t fall from heaven.” High courts across India should take note.

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