Madras High Court Dismisses Plea By DMK MP Seeking ED Probe Against BJP's Nainar Nagendran And Kesava Vinayagam

The Madras High Court on Tuesday (21st April) dismissed a plea filed by DMK Rajya Sabha MP R Girirajan seeking registration of an Enforcement case against BJP's Nainar Nagendran and Kesava Vinayagam in connection with a cash-for-vote case.

The bench of Chief Justice SA Dharmadhikari and Justice G Arul Murugan dismissed the case and noted that it would pass orders similar to the one passed in the nine cases filed by the MP seeking action against AIADMK leaders. 

Dravida Munnetra Kazhagam (DMK) Rajya Sabha MP R Girirajan had moved the Madras High Court, calling for action by Enforcement Directorate against BJP's State President Nainar Nagendran in connection with a 'cash for vote' case. Action was also sought against Kesava Vinayagam, former State General Secretary for Tamil Nadu BJP.

It may be noted that on April 7, an amount of Rs. 3.99 crore was seized from three train passengers at the Tambaram Railway Station and these persons were found to be close associates of Nainar Nagendran. Girirajan argued that the three accused persons had admitted that they were carrying the money to distribute among voters on behalf of Nagendran for the 2024 Lok Sabha Elections. 

Girirajan pointed out that the case had been transferred to the CBCID and an FIR had been registered in connection with the offence under Sections 171(C), 171(E), 171(F), 120(b), and 109 read with Section 511 and 188 of the IPC.

Girirajan argued that the offences alleged constitute scheduled offences under the Prevention of Money Laundering Act and despite the existence of clear materials indicating the generation and use of proceeds of crime, the ED had failed to register ECIR and initiate proceedings under the PMLA.

Girirajan argued that such inaction on the part of the ED, is arbitrary, illegal and contrary to the settled position of law. He had stated that ED's inaction is influenced by extraneous considerations, including political factors, thus, defeating the very object of the Act.

It was stated that as per the settled legal position, once it is found that a scheduled offence is committed, it is the duty of the ED to register an ECIR and initiate proceedings under the Prevention of Money Laundering Act. Girirajan argued that the ED's inaction, despite availability of materials would amount to dereliction of duty and violation of Article 21 of the Constitution.

Thus, he approached the court seeking directions to the ED to register a case against Nagendran and Vinayagam.

It may be noted that on 20th April, the court had dismissed batch of pleas filed by Giridhar seeking similar relief for registration of ED case against nine leaders of the All India Anna Dravida Kazhagam (AIADMK) based on corruption and disproportionate assets case against them. 

Case Title: R Girirajan v The State of Tamil Nadu and Others 

Case No: WP Crl 891 of 2026