The Madras High Court recently permitted a voter to seek records of a disproportionate assets case that ended in the acquittal of P Geetha Jeevan, the Minister for Social Welfare and Women Empowerment in Tamil Nadu. Justice G Jayachandran emphasized that voters should have access to such records to determine if the acquittal was just.
Justice Jayachandran stated that when a case involves alleged misconduct by a public servant elected through a democratic process, voters should be allowed to review the records. This transparency enables voters to judge whether their representative was falsely prosecuted or gained an unmeritorious acquittal. “The discretion to file an appeal against acquittal often depends on the political context. Voters should not be deprived of the opportunity to peruse records and form their conclusions,” the court noted.
In this case, petitioner S Shanmugasundaram sought copies of the judgment from the Thoothukudi Principal District Court, where Geetha Jeevan was acquitted of charges under Section 13(2), 13(1)(e) of the Prevention of Corruption Act, and Section 109 of the IPC. Shanmugasundaram argued that as a voter of the Thoothukudi Assembly Constituency, he had the right to know the details of the judgment to consider appealing the acquittal.
The Government Advocate informed the court that Shanmugasundaram’s initial application for copies was rejected because the reason provided was deemed unsatisfactory. However, the court referenced Section 210 of the Criminal Rules of Practice, which allows for applications seeking copies of judgments or orders if supported by an affidavit stating the purpose.
The court allowed the petition and directed Shanmugasundaram to file a fresh application with an affidavit and the necessary fee. The Sessions Court was instructed to furnish the requested copies within 15 days of the application.
Case Details:
- Counsel for the Petitioner: M/s. K. Jeyamohan
- Counsel for the Respondent: Mr. K. M. D. Muhilan, Government Advocate
- Case Title: S Shanmugasundaram v State
- Case No: CRL.OP(MD)No.7350 of 2024
