(18 Aug 2025)In a significant legal development, the Supreme Court of India has stayed proceedings in the disproportionate assets (DA) case against Tamil Nadu Rural Development Minister I. Periyasamy, suspending the High Court’s decision to set aside his earlier discharge.
Background & Legal Timeline
- March 17, 2023: A Special Court had discharged Periyasamy, citing a technical defect or invalidity in the sanction under Section 19 of the Prevention of Corruption (PC) Act as the basis for dismissal due to insufficient evidence.
- February 26, 2024: The Madras High Court overturned this discharge, directing the trial to proceed, asserting that allowing such technicalities to derail justice could erode public trust in the criminal justice system.
- In response, Periyasamy appealed to the Supreme Court, challenging the HC’s directive to reinitiate the trial.
Supreme Court’s Decision
On April 8, 2024, a bench led by Justices Hrishikesh Roy and Prashant Kumar Mishra granted interim relief to the minister, ordering a stay on all trial court proceedings until further orders. The Court emphasized that the High Court’s revision—setting aside the discharge—requires thorough examination before trial may resume.
Senior advocate Kapil Sibal, representing Periyasamy, argued that the sanction for prosecution under Section 197 of the IPC could only be issued by the Governor, not the Speaker of the Assembly, as had been done.
What It Means Going Forward
With the stay in place, no trial proceedings against Periyasamy can continue until the Supreme Court rules on the validity of the High Court’s order. The legal tussle now centers on whether procedural technicalities or formalities should override substantive