Taking a serious view of the large-scale irregularities in the procurement of books for public libraries across Tamil Nadu, the Madurai Bench of the Madras High Court on Tuesday directed the Directorate of Vigilance and Anti-Corruption (DVAC) to register an FIR and freeze the bank accounts of Agal Vilakku Publications, its proprietor Mohan and others allegedly involved in the scam, as reported in The Hindu.
A Division Bench comprising Justices GR Swaminathan and M.D. Sumathi, hearing a contempt petition over non-compliance with an earlier court order on library book procurement, also directed the Director of Public Libraries to identify and furnish details of officials responsible for the allegedly fraudulent purchases over the past two years and more.
The Bench directed that the officials concerned be impleaded as contemnors in the petition and dealt with appropriately. It further ordered the government to initiate immediate disciplinary action, including suspension of those involved.
The court directed librarians to immediately prepare an inventory of the suspicious books and ensure that they were not made available to the public. The authorities were also asked to submit details of the exact amount spent on procuring the books, along with photocopies of all relevant records.
The Director of Public Libraries has been directed to file an affidavit detailing the entire sequence of events and identifying everyone involved in the procurement process, from officials at the highest level to those at the ground level.
‘Actors Change, Actions Do Not’
Taking note of the failure to implement its earlier directions on public library procurement, the Bench recalled a 19 June 2024 order passed by the First Bench of the Madras High Court comprising Justice R. Mahadevan (as His Lordship then was) and Justice GR Swaminathan.
“The First Bench of the Madras High Court, comprising Justice R. Mahadevan (As His Lordship then was) and one of us (Justice Swaminathan) on June 19, 2024, disposed of a writ petition pertaining to the procurement of books for public libraries. The writ petition was filed when the AIADMK was in power. It was disposed of when the DMK was at the helm. The TVK leads the governing coalition when the present scandal has erupted. Actors change, actions do not,” the court observed.
The judges pointed out that had the comprehensive directions issued in 2024 been followed, procurement from questionable publishing entities such as Agal Vilakku, Sigma and Phoenix could have been avoided.
The State government informed the court that it and the DVAC were actively examining the allegations and taking appropriate action. However, the Bench said that the matter could not be left merely to the assurances given by the government.
“While the stand of the respondents does assuage us, we cannot leave the matter at that. We are concerned with a more fundamental issue. Namely, the majesty of this Court. When this Court had passed certain categorical directions on June 19, 2024, as to how the public procurement of books should take place, it ought to have been complied with in letter and spirit. In fact, our order merely echoed the values underlying the Tamil Nadu Public Libraries Act (TN Act 24 of 1948) and the rules framed,” the judges said.
Fake Books and Phantom Authors Violate Readers’ Rights
The Bench observed that books containing dubious content, false narratives, AI-generated material and plagiarised works could not be treated as legitimate publications for public libraries.
A book’s opinions could be disputed, the court noted, but the publication itself could not be bogus.
Public libraries were established to address information asymmetry, promote social justice and empower citizens through education and access to reliable information, the judges said. Procuring books with fabricated content and fictitious authors violated the statutory obligations under the Tamil Nadu Public Libraries Act, 1948, and infringed readers’ right to receive accurate and quality information.
The Bench also cited the controversial book Democracy and People’s Right in the Contemporary World, which was attributed to renowned economist Jean Dreze and found in the Kalaignar Centenary Library in Madurai.
“Jean Dreze is a renowned economist. In the Kalaignar Centenary Library in Madurai, one came across a book Democracy and People’s Right in the Contemporary World, attributing authorship to Jean Dreze. The economist has been foxed and baffled. He has denounced the book as fake,” the court observed.
DVAC Questioned For Not Registering FIR
The Bench expressed concern that despite the allegations emerging publicly, the DVAC had not registered an FIR and was reportedly conducting only a detailed preliminary inquiry.
“Even though the facts tumbled out of the closet last week, no FIR has been registered. The DVAC is said to be conducting a detailed inquiry. We wondered as to what prevented the DVAC from registering an FIR against unknown public servants. Crores of rupees have gone out of the public exchequer. It was too obvious that a crime of this humongous proportion could not have taken place but for the active involvement of government servants. Not only the BNS provisions but also the provisions of the Prevention of Corruption Act stand attracted,” the court said.
The Bench was hearing a contempt petition filed by advocate V. Ramasubbu from Tirunelveli district, who had approached the court alleging non-compliance with its 19 June 2024 directions on public library book procurement.
The court has posted the matter for further hearing on November 11, directing the authorities to place the required records and affidavit before it.
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