Madras High Court Justice N Anand Venkatesh Questions Independence of Anti-Corruption Agency

Chennai: Madras High Court Justice N Anand Venkatesh has raised serious concerns over the functioning of Tamil Nadu’s Directorate of Vigilance and Anti-Corruption (DVAC).

The judge has repeatedly questioned whether anti-corruption investigations remain independent when governments change.

His observations came while dealing with corruption cases involving senior political leaders, including former Tamil Nadu Chief Minister O Panneerselvam.

In August 2023, Justice Venkatesh described the DVAC as a “chameleon” that appeared to change its approach depending on which political party was in power.

Court Questions Pattern of Changing Investigations

The court examined a pattern involving corruption cases against political leaders.

According to the court’s observations, cases could be pursued when a leader’s party was in opposition. The approach could then change after the same party returned to power.

Justice Venkatesh questioned how further investigation was used in some cases after an earlier probe had already been completed.

The judge also expressed concern about cases being closed or politicians being discharged after changes in government.

The court stressed that investigating agencies must function independently. Their actions, the judge indicated, should not depend on the political party in power.

‘Executive Has Lost Its Independence’

Justice Venkatesh had made similar observations in July 2023 while hearing a case involving former Tamil Nadu Chief Minister Edappadi K Palaniswami.

At the time, the court criticised the fresh inquiry ordered by DVAC and questioned whether the move was linked to a change in the state’s political leadership.

The judge observed that the executive had, over time, become heavily influenced by the political party in power.

The court also emphasised the importance of maintaining the independence of public institutions.

Justice Venkatesh Revived Several Corruption Cases

Justice Venkatesh has exercised his suo motu powers in several cases involving politicians.

In 2023, he initiated proceedings concerning the discharge of O Panneerselvam in a disproportionate-assets case.

He also examined cases involving former ministers K Ponmudy, KKSSR Ramachandran and Thangam Thenarasu.

In 2024, the Madras High Court set aside the discharge of KKSSR Ramachandran and Thangam Thenarasu in disproportionate-assets cases.

The court found prima facie material to proceed with the trials. It also criticised the alleged use of further investigation to short-circuit criminal proceedings.

Why the Court’s Observations Matter

The judge’s remarks have highlighted a larger issue concerning public confidence in the justice system.

Anti-corruption agencies are expected to investigate allegations impartially. Their credibility depends heavily on their independence from political influence.

Justice Venkatesh has repeatedly indicated that courts cannot ignore allegations of systemic failures.

In one hearing, he said the court’s intervention was necessary to ensure that citizens did not lose faith in the criminal justice system.

The court’s interventions do not establish that every corruption investigation is politically motivated.

However, the observations underline the importance of consistent standards in investigations, regardless of which political party is in power.

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