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Madras HC quashes GO ordering DVAC inquiry into Secretariat construction issue

In this August 3, 2011 file photo, a view of the proposed Secretariat complex built by the DMK government is seen.

In this August 3, 2011 file photo, a view of the proposed Secretariat complex built by the DMK government is seen.   | Photo Credit: S.R. Raghunathan

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A Commission of Inquiry was also constituted to inquire into the alleged irregularities.

The Madras High Court on Thursday quashed a Government Order (GO) issued on September 24 for an inquiry by the Directorate of Vigilance and Anti-Corruption (DVAC) into the alleged irregularities in the construction of the new Secretariat complex in Chennai between 2008 and 2010.

Justice Pushpa Sathyanarayana quashed the GO while allowing writ petitions filed by DMK president M.K. Stalin and treasurer Durai Murugan who held the offices of Deputy Chief Minister and Minister for Public Works during the relevant point of time.

In his petition, Mr. Stalin had also urged the court to quash a letter written by P. Senthilkumar, Secretary, Public Department, to the DVAC on September 28 informing the latter that the government had decided to accord permission to conduct a detailed inquiry with respect to the construction.

Detailed affidavit

Filing a detailed affidavit running to around 30 pages, the DMK supremo said the Assembly as well as the Secretariat were now functioning from Fort St. George, a complex built around 1644. About 15 years ago, it was decided to create a new complex since Fort St. George was found unsuitable for the growing needs of the Secretariat.

In April 2003, Chief Minister Jayalalithaa announced that a new Secretariat would be constructed on Queen Mary’s College campus spread over 30 acres. This move was opposed by students, the petitioner said and recalled that he was arrested for supporting the students.

He got released on bail only after 18 days of incarceration. “At that point in time, the DMK was part of the Cabinet in the Central government and a notification of the Ministry of Environment and Forests came to the aid of the protesting public to stop the project and therefore the government dropped the idea,” he said.

Four Assembly sessions

Subsequently when the DMK came to power in 2006, Chief Minister M. Karunanidhi laid the foundation stone for a Assembly-cum-Secretariat complex at the Omandurar Government Estate on July 12, 2008. The building was also formally inaugurated by Prime Minister Manmohan Singh on March 13, 2010.

Four Assembly sessions were also conducted in the new complex. “However, Selvi J. Jayalalithaa, who was then the Leader of the Opposition, did not step into the said premises as it was constructed during our party’s tenure and she felt that the DMK prevented the construction of a Secretariat during her tenure at the place chosen by her,” he claimed.

As a result of the political animosity, she shifted the Secretariat back to Fort St. George after winning the 2011 elections and converted the new building into a government hospital. As an off shoot of the retributive measures, a Commission of Inquiry was also constituted to inquire into alleged irregularities in the construction.

Recently, the Commission was wound up, even before it could submit any report, but the government directed the Secretary to the Commission to forward all documents to the DVAC for appropriate action. Assailing the action, Mr. Stalin contended that no criminal action could be initiated on the basis of materials collected by a Commission of Inquiry.

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