The Madras High Court recently ordered the listing of a petition seeking proceedings under the Income Tax Act and registration of a criminal case against an actor-turned-politician. Vijay allegedly suppressed income and receipt of unaccounted cash, following which a petition was filed against him.
Madras HC orders listing of petition
Notably, the High Court Registry had earlier declined to register the plea against Vijay over the question of maintainability. In an order passed on April 8, a Bench of Chief Justice Sushrut Arvind Dharmadhikari and Justice G Arul Murugan ordered the Registry to number the writ petition filed by M Rajkumar with the endorsement “numbered subject to maintainability” and consequently list it before the roster Bench.
According to Bar and Bench, the recent order to register the petition was passed after the Registry placed the writ petition before the Court under the caption “for maintainability”. The Bench stated that the Registry cannot refuse to number a case on the ground that it may not be maintainable in law.
Additionally, the Madras High Court also referred to an earlier circular issued by the Registrar General directing the Registry not to refuse numbering of petitions on maintainability grounds. “However, in spite of the issue having been settled and also necessary Circulars in this regard having been issued, we are surprised to note that still the Registry is continuing with the practice of not numbering the petition on the ground that it is not maintainable,” the Court said.
The Bench ordered that if the case papers are otherwise in order, the Registry must number the case. It can endorse the case as “numbered subject to maintainability” if it has doubts on maintainability, and place it before the roster Bench, the Court said.
The Court also directed the Registrar General to circulate a copy of this order to all the concerned sections of the Registry. “Henceforth, the directions issued shall be scrupulously followed by the Registry,” the Bench stated.
About the petition
The petition was reportedly filed last month, seeking directions to the Income Tax Department to examine materials from certain search proceedings, Vijay’s sworn statement, assessment proceedings, along with a penalty order, and to initiate prosecution under the Income Tax Act, including Section 276C.
It also sought registration of a First Information Report (FIR) for alleged offences under the respective laws, including cheating, forgery, use of forged documents and criminal conspiracy. The petitioner, M Rajkumar, has also sought directions to place the material before the Enforcement Directorate to examine whether there exists material for a probe under the Prevention of Money Laundering Act.
Vijay income row: Madras HC orders listing of plea for criminal case
