Madras High Court Orders DVAC Probe and Account Freeze in Tamil Nadu Library Procurement Scam

The Madurai Bench of the Madras High Court has directed the Directorate of Vigilance and Anti-Corruption (DVAC) to register a First Information Report (FIR) and immediately freeze the bank accounts of Agal Vilakku Publications, its proprietor Mohan, and others involved in alleged irregularities surrounding book procurement for Tamil Nadu's government-run libraries.

The directions were issued in an order dated November 10, 2026, by a Division Bench comprising Justice G.R. Swaminathan and Justice M.D. Sumathi. The court was hearing a contempt petition filed by Ramasubbu against K. Gopal, Secretary to the Government, Department of Higher Education, and R.V. Shajeevana, Director of Public Libraries. The petitioner alleged wilful and deliberate disobedience of earlier directions issued by the court on June 19, 2024, seeking maximum imprisonment and fines against the officials in both their personal and official capacities.

Court Details Widespread Violations in Procurement

Authoring the 17-page order, Justice G.R. Swaminathan noted that the original writ petition regarding public library book procurement was filed in 2019 during the AIADMK administration and disposed of in June 2024 under the DMK government. Observing the political shifts, the court remarked that actors change while actions do not, pointing to detailed allegations supported by evidence regarding the operational methods used in the procurement process.

According to the court's observations, key procurement conditions were repeatedly violated. Regulations stipulating that a book's publication year must not be altered were breached, with works by classic writers such as Thiru Vi Ka, A.Sa.Gnana Sambanthan, and Na.Parthasarathy republished as recent titles. In one instance, a 2013 publication titled Veeram Vilaintha Varalatru Puthinangal Part-I was identified as a copy of Kalki's Sivakamiyin Sabatham.

The Bench further highlighted that nationalised books and works with expired copyrights were repackaged under different titles and cover designs. Rules prohibiting the repurchasing of the same book for a public library within five years were also ignored. The court noted that when copyright is nationalised, the government becomes its custodian, calling the ongoing reprinting and annual procurement under altered names nothing short of a scam.

Unanswered Allegations and Procurement Rules

The order recalled historical allegations reported in 2019 indicating that 99 percent of books printed exclusively for government library orders were unavailable in the open market, with single publishers operating multiple imprints to secure contracts and standard commissions allegedly driving 95 percent of supplies. The Bench stated that because the respondents had failed to file a counter-affidavit over five years since the initial 2019 petition, the rule of non-traverse applied, rendering the allegations unrebutted.

Warning that public libraries could face severe decline if procurement is not conducted in the public interest, the court stressed the need for systemic reform to support legitimate publishers without tying purchasing to commission payments.

The judgment referenced comprehensive guidelines established in the June 2024 ruling, which mandated compliance with G.O.Ms.No.69 from the School Education Department. Those directions required the Director of Public Libraries to operate a dedicated website, issue procurement notices online, notify established publishers, form an inquiry committee to publish a report within five months, and mandate library visits in school curricula. The judges observed that proper adherence to those orders would have prevented procurement from dubious entities such as Agal Vilakku, Sigma, and Phoenix publishers.

Fake Authorship and Constitutional Concerns

The court pointed to specific instances of fraudulent books stocked in public facilities, including a title at the Kalaignar Centenary Library in Madurai, Democracy and People's Right in the Contemporary World, which falsely listed economist Jean Dreze as its author. The order noted that Dreze denounced the publication as fake. Works falsely attributed to the poet Bharathiyar were also identified on public library shelves.

The Bench ruled that stocking fraudulent books with phantom authors violates statutory obligations under the Tamil Nadu Public Libraries Act, 1948, as well as the constitutional right to receive accurate information under Article 19(1)(a).

Directives to DVAC and State Authorities

Expressing concern over the lack of criminal proceedings despite large-scale public exchequer expenditure, the court stated that the scale of the offences pointed to active involvement by government servants, attracting provisions under both the Bharatiya Nyaya Sanhita (BNS) and the Prevention of Corruption Act.

The court issued the following specific directions:

• The DVAC must forthwith register an FIR into the procurement irregularities.
• Bank accounts belonging to Agal Vilakku Publications, proprietor Mohan, and others involved must be frozen immediately.
• The state government must initiate disciplinary action, including suspension, against the officials involved.
• The Director of Public Libraries must furnish details of officials responsible over the past two years and submit an affidavit tracing the sequence of events and responsible individuals from top to bottom.
• Concerned librarians must immediately catalog suspect books and remove them from public access.
• Authorities must report the precise financial expenditure incurred on the suspect books and submit relevant records.

The High Court has posted the matter for further hearing on November 11, 2026.