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HC stays LOC issued against former DMK minister EV Velu

Editorial3 min read
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HC stays LOC issued against former DMK minister EV Velu

Madras High Court

Editorial

Chennai, Jul 9 (PTI) The Madras High Court on Thursday stayed the LOC issued against former DMK Minister E V Velu in connection with the highways scam case, subject to the condition that he should appear before the Investigating Officer of DVAC on July 15. Directing the prosecution to file its counter affidavit, Justice G.K.Ilanthiraiyan posted to July 28, further hearing of the case and said no coercive steps should be taken against the petitioner till then. In his petitions, Velu sought to quash the FIR registered against him in connection with the alleged irregularities in the award of contracts for laying roads during the previous DMK regime, and also challenged the Look Out Circular issued by the Directorate of Vigilance and Anti-Corruption against him, pursuant to the registration of FIR. When the petitions came up for hearing, senior counsels Sidharth Luthra and P Wilson submitted that Arappor Iyakkam, an NGO lodged a complaint in the year 2022 alleging irregularities in the award of contract for laying roads when Velu was the Public Works, Highways and Minor Ports Minister. No action was taken against him for the last four years. However, all of a sudden, after the change of government, the FIR was registered now, they added. They said that on June 25, 2026 a search was conducted at the petitioner's residence and he was very much available and he cooperated with the police. The next day, the petitioner went to Singapore for medical treatment. While so, summons was served at his residence, asking him to appear before the DVAC on July 3. Immediately, Velu requested the DVAC to grant time till July 12. On July 4 another summons was issued to him to appear before the DVAC on July 9, failing which he will be arrested. Now, the LOC was issued. Therefore, he filed the present petitions, they added. They said LOC will be issued if a person deliberately evades arrest or appearance. In this case, the petitioner was not deliberately avoiding appearance. He was undergoing treatment in Singapore. There should be credible materials and reasons for issuing LOC. But, in this case there was no credible materials or reasons, they added. Citing section 17a of Prevention of Corruption Act, which prohibits police officers from conducting any enquiry or investigation into a public servant for offences relatable to recommendations or decisions made in the discharge of official duties, without obtaining previous approval from the competent authority, they said in this case, the competent authority was the Governor. Without obtaining previous approval from the governor, the case has been registered against the petitioner. Wilson further said after the change of regime, the case has been registered against the petitioner. This was regime "vengeance". The DVAC was harassing the petitioner, who was 76 years old and he was a "heart patient", he added. Opposing the plea, Public Prosecutor John Sathyan submitted that in March 2022, the award of contract was commenced. The main contractor was given 84 contracts and by the end of the previous regime contracts worth Rs 195 crore was awarded. He said in this case the competent authority was the Chief Minister. On the instructions of the CM, the secretary can grant approval for registering the case, he added. The judge said the DVAC may proceed with the investigation but not file the final report. PTI CORR SA

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