Madras HC Directs Fast-Track Trial in 2016 Gutkha Scam Case
The Madras High Court has ordered a Special Court handling cases involving Members of Parliament and Members of Legislative Assembly to complete the trial in the 2016 illegal gutkha sale case within three months. The case is pending against former AIADMK Ministers C. Vijayabaskar (now with the Tamilaga Vettri Kazhagam) and B.V. Ramana, former Directors General of Police T.K. Rajendran and S. George, and 23 others.
Justice G.K. Ilanthiraiyan issued the direction while dismissing a petition filed by former DGP S. George, who had sought copies of statements of all prosecution witnesses that the Central Bureau of Investigation (CBI) intends to examine during the trial. The petitioner argued that without these statements, his right to a fair trial would be compromised.
The accused had approached the High Court after the Special Court rejected his request on December 17, 2025. He sought a direction to the prosecution to either furnish him with the statements of all prosecution witnesses or not to examine any witness whose statement had not been provided.
Justice Ilanthiraiyan noted that the prosecution had not recorded statements of all 278 witnesses under Section 161(3) of the Code of Criminal Procedure. The CBI had recorded statements of about 150 witnesses, and copies of those statements were shared with the accused. Statements of around 120 witnesses were not recorded, as they were intended only to speak about documents annexed to the charge sheet.
The judge observed that an accused can only complain of denial of fair trial if he or she has not been furnished with copies of statements that were recorded by the prosecution. The accused cannot compel the prosecution to record statements of all witnesses if it chooses not to do so.
“Hence, the trial court (Special Court for MP/MLA cases) has rightly rejected the memo filed by the petitioner. This court finds no illegality or infirmity in the order passed by the trial court. However, the petitioner is at liberty to raise the said ground as a defence before the trial court in accordance with law. The trial court is directed to proceed with the trial and complete the same, within a period of twelve weeks from the date of receipt of a copy of this order,” Justice Ilanthiraiyan concluded.
The alleged manufacture, distribution, and sale of gutkha—despite it being a banned substance in Tamil Nadu—came to light in July 2016 when the Income Tax department recovered incriminating documents during a search-and-seizure operation at a private industry for suspected tax evasion.
