The Hindu : Sanction for prosecution withdrawn

Online edition of India's National Newspaper
Wednesday, Jan 01, 2003

Southern States

Southern States - Tamil Nadu

Sanction for prosecution withdrawn

By S. Shivakumar

CHENNAI DEC. 31 . In a significant step that could affect prosecution of the multicrore cremation shed scam, the State Government, by an order, has withdrawn the sanction accorded by the DMK regime to proceed against the senior IAS officer, P.R.Shampath.

The former AIADMK Minister and sitting MP, T.M. Selvaganapathy, is the prime accused in the case of awarding contracts to industrial cooperative societies in Salem, for providing roofs at 2,000 cremation grounds in various districts. The CBI took up investigation following orders from the Madras High Court. Mr.Shampath was Madurai Collector, when the Additional Collector, C. Umashankar, exposed the alleged scam in 1995, causing a major embarrassment to the then AIADMK Government.

The case was vigorously pursued by the successor DMK Government and investigations were completed by the CBI. In two cases, including the one in which Mr.Shampath is an accused, charge sheets have also been filed.

Now, the government order, signed by the Chief Secretary, Lakshmi Pranesh, has come as a surprise to the investigating agency as the legal validity of the sudden withdrawal of sanction remains a question.

The December 16 GO states several factors were not available with the then Government while according sanction. "The (present) Government, after a careful independent examination of the case as a whole taking into account all relevant facts, has decided to withdraw the sanction accorded", says the order.

"In respect of Madurai district, there is no mention in the CBI report of the loss of government money in the alleged irregularities. There is also no mention whether the individual received pecuniary advantage from any person in relation to the construction of cremation sheds in the district."

The CBI filed 11 separate cases. But the then Government sanctioned prosecution only in two cases, including the one in which Mr.Shampath has been cited as an accused.

"The CBI had enquired into and closed the matter in Coimbatore, Thanjavur, Tiruvannamalai, Tuticorin, Vellore and Virudhunagar districts. It recommended such action as deemed fit in respect of Sivaganga and Tirunelveli districts. The CBI has recommended departmental action in respect of Ramanathapuram district", according to the GO.

It was alleged that the cooperative societies were given a 50 per cent advance amount, in violation of, government rules, following orders from senior officials and that these societies did not spend a sum of Rs.30, 000 on providing `pucca' roofs. Asbestos roofs were raised on cement pillars without any supporting infrastructure.

Mr.Selvaganapathy and two IAS officers were cited as accused in all cases. Collectors of different districts and project officers were individually charged in the cases.

The sanction for prosecution is a legal necessity as all the accused have been charged under Section 19 of the Prevention of Corruption Act and Section 197 of the Cr.P.C.

According to Section 19 of the PCA, prior government sanction is required for prosecuting persons employed in connection with the affairs of the Central or State Governments. Section 197 of the Cr.P.C. says any offence alleged to have been committed by a public servant while acting or purporting to act in the discharge of duty cannot be prosecuted without specific sanction of the State or Central Government.

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