High Court Grants Respite: Minister Duraimurugan and Wife Exempted from Daily Court Appearance

In a significant development, the Madras High Court has granted a major relief to Tamil Nadu's Minister for Water Resources, Duraimurugan, and his wife, Santhi, by dispensing with their routine appearance before the Special Court designated for cases involving Members of Parliament and Legislative Assemblies in Chennai.

The couple had approached the High Court seeking exemption from personally attending the proceedings of a long-standing disproportionate assets case.

The case, which dates back to the Dravida Munnetra Kazhagam's (DMK) tenure between 1996 and 2001, alleges that Duraimurugan, during his time as a minister, accumulated wealth beyond his known sources of income. The Directorate of Vigilance and Anti-Corruption (DVAC) had initially registered an FIR and subsequently filed a chargesheet against the minister and his wife, who is also an accused in the matter.

During the High Court proceedings, the counsel representing Duraimurugan and Santhi argued that given their advanced age and prevailing health conditions, it would be a considerable hardship to appear before the trial court on every hearing date.

They highlighted that their identity was not in dispute and that the case had been pending for several years, with most of the documentary evidence already on record. Furthermore, they pointed to precedents where similar exemptions had been granted to other public figures in comparable situations, ensuring that the legal process was not unduly hindered.

Conversely, the Public Prosecutor, while not explicitly opposing the core request, emphasized the importance of the accused's presence for the smooth conduct of the trial, particularly during crucial stages like the recording of evidence or examination.

The Special Court, they contended, relies on the direct presence of the accused for various procedural requirements.

After carefully considering the arguments from both sides and reviewing the case's extensive history, the Madras High Court, in its reasoned order, acknowledged the petitioners' concerns regarding age and health.

The court observed that while the presence of the accused is generally vital, it could be dispensed with under certain conditions, especially when their identity is not contested and their legal representation is ensured. The court noted that the case has progressed considerably over the years, and their consistent daily appearance might not be an absolute necessity at every juncture.

The High Court's order mandates that Minister Duraimurugan and his wife will not be required to appear on a day-to-day basis.

However, their counsel must ensure consistent representation in court. The order also stipulated that the couple must appear before the Special Court whenever their personal presence is explicitly deemed necessary, such as for identification, questioning, or at any other critical stage as directed by the trial judge.

This decision ensures that while the accused receive relief from arduous daily travel, the judicial process can continue unimpeded, striking a balance between convenience and justice.