Main opposition DMK on Tuesday lodged a complaint with the Tamil Nadu DGP alleging that private individuals close to Chief Minister C Joseph Vijay took part in Cabinet meetings, influenced government policy and issued directions to government officials.
These were cognizable offences and hence, police must register an FIR, conduct a fair and comprehensive investigation and proceed against every person responsible, the DMK urged.
The complaint, lodged by DMK Organisation Secretary RS Bharathi, alleged that it was regarding the participation of private individuals John Arockiasamy and Vishnu Reddy in Cabinet meetings, official review meetings and other confidential government deliberations presided over by CM Vijay.
The plaint alleged: "It has been seen and reported that John Arockiasamy and Vishnu Reddy, stated to be close associates of the Chief Minister and residents of Andhra Pradesh, have regularly attended Cabinet meetings, official review meetings and other high-level government deliberations conducted at the Secretariat."
Further, it claimed: "It has further been reported that both individuals have been allotted office chambers adjoining the office of the Chief Minister within the Secretariat."
The DMK alleged that news reports suggested that private individuals have participated in executive decision-making, issued directions to government officials, influenced governmental policy or exercised "de facto" executive authority without any lawful appointment or statutory sanction.
Bharathi said the chief minister, as the holder of the highest executive office in the state, is constitutionally bound by the Oath of Office and Secrecy under the Constitution's Article 164 (3), read with the Third Schedule.
The CM is under a continuing legal duty to preserve the confidentiality of Cabinet proceedings and all sensitive government business.
The allegations raise serious issues concerning violations of constitutional obligations, statutory duties and criminal law, the DMK leader said.
The central issue requiring investigation is whether Arockiasamy and Reddy are government servants or otherwise hold any office or authority recognised under law authorising them to participate in confidential government proceedings or access classified government information.
The complaint said: "If they possess no such lawful authority, their presence during Cabinet meetings or confidential review meetings, where Cabinet papers, classified records, official files and sensitive policy matters are discussed, prima facie raises serious offences relating to the unauthorised communication, receipt, possession and use of official information by them, the chief minister, and all other persons who knowingly facilitated such access."
According to the DMK, Section 5 of the Official Secrets Act, 1923 criminalises use of official information by persons not lawfully entitled as well as the unlawful disclosure of such information by persons under a legal duty to preserve secrecy.
The matter discloses "additional offences" under the Bharatiya Nyaya Sanhita, 2023, including offences relating to criminal conspiracy, abuse or misuse of public office, abetment and such other offences as may be disclosed during investigation.
Hence, jurisdictional police is duty bound to register an FIR, conduct a fair and comprehensive probe and proceed against every person found responsible, Bharathi urged.
The FIR must be registered under the Official Secrets Act, 1923, the Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023 and all other applicable laws, the DMK leader said.
There was no immediate response from the state government.NATIONALCHENNAI