Kalimuthu discharged from Robin Mein case

By Our Staff Reporter

CHENNAI, JULY 18. The Assembly Speaker, Mr. K. Kalimuthu, was today discharged from the 16-year-old `Robin Mein case' by the Principal Special Judge for CBI Cases, Mr. A.S. Kannan.

As per the chargesheet, Mr. Kalimuthu had entered into a criminal conspiracy promising managers of some nationalised banks that he would arrange deposits from the Tamil Nadu Government, and requesting them to sanction loans to the prime accused in the case, Mr. Robin Mein. (Mr. Kalimuthu was Agriculture Minister in the MGR Cabinet in 1985 when the alleged conspiracy took place.)

Allowing the AIADMK leader's discharge petition, the special judge said the prosecution ought to have obtained sanction from the competent authority (Governor in this case) to prosecute Mr. Kalimuthu under the IPC. ``The failure to do so is against law,'' he observed.

Citing Supreme Court verdicts, the judge said the protection/immunity given to Mr. Kalimuthu under 197(1) of CrPC was available to him. ``In this case, the prosecution said Mr. Kalimuthu had committed the offences when he was a Minister. Under such circumstances, the petitioner's argument that it was done in the course of discharge of his official duties has to be accepted,'' the order read.

It is a settled principle of law, after the amendment of Section 197(1) CrPC, that a public servant after relinquishing his office is still entitled to get protection under the said Section, the judge observed in his order.

``Considering all the above facts, the court concludes that the petitioner (Mr. Kalimuthu) is entitled for discharge from all offences,'' the judge said.

Send this article to Friends by E-Mail

Section  : Southern States
Previous : Probe no hurdle to action against police:
           Karunanidhi
Next     : Case against police chief for Aug. 1