HC orders notice to Centre on plea for prosecuting IPS officer

The Madras High Court today ordered notice to the Union Home Ministry on a petition by Tamil Nadu Directorate of Vigilance and Anti-Corruption challenging its rejection of sanction to prosecute suspended IPS officer Jaffar Sait in a corruption case.
The court, however, dismissed an interim prayer by the Additional Superintendent of Vigilance and Anti-Corruption for a stay on the April 28, 2014 order of the MHA.
Admitting the petition, Justice R.S. Ramanathan ordered notice to MHA to reply within six weeks.
The petition alleged that the IPS officer, while working as Inspector General of Police, Intelligence, Chennai, between May 18, 2007 and December 31, 2010 had entered into a criminal conspiracy with Inspector of Police C. Vinothan, SB-CID, personal Security officer to the erstwhile Chief Minister, S. Gowri, and then Housing Minister I.Periyasamy, who allotted a Tamil Nadu Housing Board high income group plot under the government discretionary quota to the Inspector.

Vinothan, instead of approaching the competent authority DIG of Police, approached Sait who accorded permission for the Joint Development Agreement entered into by Inspector Vinothan with Gowri to develop the plot.
Vinothan was allowed to sell the plot for about Rs 94.52 lakh even before it was allotted to him and for obtaining undue consideration.

The above transaction of permitting the sale to a private person was with a view to facilitating the said Inspector to cheating TNHB, the petitioner alleged.
After completion of investigation, the final report from DVAC was sent to the state Vigilance Commissioner with a request to seek MHA sanction to prosecute Sait as co-accused in the above case, the ADSP said in the petition.

However, MHA declined to sanction prosecution against Sait vide its order which is the subject matter of the petition.
The ADSP alleged that the order passed by MHA was a clear non-application of mind and liable to be set-aside.
He claimed the state government had placed sufficient material before the Centre for according sanction to prosecute the officer for criminal conspiracy.
He further submitted that a strong prima facie case had been made out and hence the order of refusal of sanction for prosecution by MHA has to be quashed.