TN: Mini-flyover case closes as 'mistake of fact'

Chennai, May 20: The sensational mini-flyover case, which led to the midnight arrest of DMK president M Karunanidhi on June 29, 2001, has now been officially closed as ''mistake of fact'' (MOF).

The Crime Branch CID, which registered the case in 2001, submitted before the VI Additional Sessions Court here during May 2005.

The first information report filed in 2001 had identified 14 people but the chargesheet included some more names. Among those, who figured in the final report were Mr Karunanidhi, his son and the then Mayor of the Chennai Corporation M K Stalin and two other cabinet colleagues of Mr Karunanidhi, K Ponmudy and Ko Si Mani.

Since May 2005, the CB CID Police were getting periodical adjournments from the court, stating that the mandatory sanction to prosecute the two still-in-service IAS officers S Malathi and P Kolappan was yet to be obtained. It is mandatory to obtain prior sanction from the Government concerned to prosecute a public servant accused for an offence committed during the discharge of his or her official duty.

Official sources said some time late last year, the CB-CID sought permission to do further investigation and reinvestigation into the case.

The CB-CID in January this year, taking into account an opinion from the Public Prosecutor concluded that there were no sufficient materials to continue the prosecution. It was then closed as, what is known in police parlance, MOF (mistake of fact).

The Principal District and Sessions Court, which was handling the case, was duly informed of the development, and the court has made a necessary endorsement.

The chargesheet, which was submitted before a lower court judge and which was not taken cognisance of by the court, was for offences under 120-B (criminal conspiracy), 409 (criminal breach of trust by public servant, or by banker, merchant or agent), 420 (cheating and dishonestly inducing delivery of property) of the IPC and 13 (1)(d) and (c) of the Prevention of Corruption Act.

Cases have been filed by the previous AIADMK Government stating that the accused conspired and abetted one another in the commission of certain illegal acts such as preparing detailed project reports, designing and constructing nine mini-flyovers situated at various intersections in Chennai, causing a wrongful loss of Rs 12 crore to the Chennai Corporation.

UNI