Madras High Court dismisses plea for CBI probe into the alleged bid to bribe TVK MLA

The Madras High Court has dismissed a plea to transfer the case relating to an alleged attempt to bribe a TVK MLA from the Greater Chennai Police to the Central Bureau of Investigation (CBI) and refused to issue any consequential direction to the latter to probe other ‘horse trading’ complaints reportedly given by a few Opposition MLAs against the ruling TVK.

The First Division Bench of Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan wrote that a court of law would not transfer a statutory investigation from one agency to another solely on the basis of newspaper headlines or viral video/audio clips circulating on digital platforms regarding the alleged ‘horse trading’ complaints.

‘Accused in custody’

The judges agreed with Advocate-General Vijay Narayan that courts would order transfer of investigation only if the local police had not probed a matter properly and not in instances like the present case wherein the Triplicane police in Chennai had already arrested nine accused persons and remanded all of them in judicial custody.

The Bench pointed out that Tiruppur-based advocate J. Balasubramani had filed the present public interest litigation petition, accusing the police of having shown an extraordinary zeal in probing the ₹35-crore TVK MLA bribery charge but not five other ‘horse trading’ complaints filed by the MLAs belonging to Opposition parties.

The petitioner’s counsel relied upon various newspaper reports, public statements, and social media video clips showing leaders of other Opposition parties lodging complaints with various authorities, including the Governor, alleging that their own representatives were being lured away through bribes and misuse of official power.

However, the judges wrote, “We must emphasize that newspaper reports and social media broadcasts cannot form the basis for a court to order the transfer of a criminal investigation. A court of law cannot transfer a statutory investigation based on the newspaper headlines or viral videos on digital platforms.”

‘A powerful instrument’

Highlighting the purpose of courts entertaining PIL petitions, the Chief Justice said, “PIL is one of the most powerful instruments in the judicial framework. It was designed to give a voice to the voiceless, to protect the vulnerable, and to ensure that the rule of law reaches the farthest corners of our society.”

He went on to write, “In the present case, the State Police have already apprehended nine suspects, gathered material evidence, and secured judicial remands. Therefore, we are of the view that the invocation of this extraordinary jurisdiction to demand a transfer of probe based on unverified media reports is a clear deviation from its noble purpose.”

The TVK MLA bribery case relates to a complaint filed by Uthangarai MLA N. Elaiyaraja, a dentist by qualification, with the Chennai police on June 29, 2026. He had claimed that an offer of ₹35 crore was made to him, on the phone, by a few individuals for voting in favour of a resolution to be moved against Tamil Nadu Assembly Speaker J.C.D. Prabhakar.

The complainant had also accused the callers of having issued a death threat to him and his family when he refused to accept their “irresistible offer” and submitted screenshots of his WhatsApp call records to substantiate the complaint. Since he had lodged the complaint by mentioning his MLA hostel address, the Triplicane police booked the case.

“The investigation is moving forward at an impressive pace, and yet the present plea for transferring the probe to the CBI has been filed on the basis of unverified assertions,” the A-G told the court.