Acquittal in assets case: HC orders notice to TN Minister Ponmudy in revision case taken up on its own

The Registry is directed to issue notice to the accused for the hearing on September 7, 2023.

Madras High Court on Thursday took up suo motu revision of a trial court verdict acquitting Tamil Nadu Higher Education Minister K Ponmudy in a disproportionate assets (DA) case, contending that the “entire narrative” leading to the court verdict reveals a “shocking and calculated attempt” to manipulate and subvert the criminal justice system.

In what is seen as a rare move, Justice N Anand Venkatesh took up the case suo motu and ordered notices to the minister, Directorate of Vigilance and Anti-Corruption (DVAC), which probed the case filed in 2002, and listed it for September 7.

The High Court judge punched several holes into the manner the DA case was transferred from the Villupuram District Court to Vellore District Court and in the way the district judge pronounced the verdict acquitting Ponmudy and his wife P Visalakshi, just a day before he retired from service.

Justice Venkatesh said the case was heard by the Principal District Judge till June 2022 and she sought special permission from the High Court seeking to hold special hearings to dispose off the case fast.

“The official memorandum not only communicates the refusal of permission but also shockingly injuncts the Principal District Judge, Villupuram from exercising her judicial powers over the case by directing that the case should not be taken up until further orders,” the judge said.

He also added that the administrative judges of Villupuram sent a note in July 2022 directing the case pending on the file of the Principal District Judge, Villupuram to be transferred to the file of the Principal District Judge, Vellore.

“This note was placed before the then Hon’ble Chief Justice who approved the note on 08.07.2022,” the judge said, adding that by June 2023, a case which had thus far been lingering on for years started to move with “great alacrity.”

“By the first week of June 2023, the celestial stars of the accused appeared to be lining up perfectly, with the blessings of judicial personages, including the Principal District Judge, Vellore who was set to demit office on 30.06.2023,” the order said.

It is to be noted that the verdict was delivered a day before the judge retired and he reviewed evidence from 172 prosecution witnesses and 381 documents in just four days.

“From the aforesaid discussion, it is clear that where a manifest illegality by a criminal court resulting in gross failure of justice comes to the notice of the High Court, it is the bounden duty of the High Court as a constitutional court to set right the illegality and to ensure that public confidence in the criminal justice system is maintained,” he added.

Justice Venkatesh said the investigation and trial of a criminal case cannot be converted by the complainant and the accused into a friendly match. “If they are allowed to do so, it is the Umpire who will lose his wicket. By the same token, the public must never get the impression that the Umpire is taking sides lest the whole game is reduced to a farce,” the judge added.

The development comes as a setback to Ponmudy, who is currently under the radar of the Enforcement Directorate (ED) in a 11-year-old case of illegal red sand quarrying. Ponmudy, whose premises were searched last month, was questioned for two consecutive days and his statement was recorded under Section 50 of the Prevention of Money-Laundering Act, 2002.

Ponmudy, deputy general secretary of the DMK, is placed fifth in the pecking order of the Council of Ministers headed by Stalin. A senior leader having served in every party-led dispensation since 1989, Ponmudy quit as professor to contest the assembly elections in 1989 after having been involved with the DMK since his student days.

As Higher Education Minister, Ponmudy has been quite critical of Governor R N Ravi for his repeated statements on language issues and “interference” in the functioning of state-funded universities.

The raids are related to a 2012 case filed during the then AIADMK regime alleging that Ponmudy, as minister of mines and resources in 2007 during the DMK regime, obtained licenses for quarrying of red sand in the name of his son, Sigamani and relatives, disregarding several rules and regulations.

The allegations also include that they mined more sand than allowed by the government – 2.64 lakh loads – causing a loss of Rs 28 crore to the exchequer. The Directorate of Vigilance and Anti-Corruption (DVAC), which filed the case in 2012, had Ponmudy, but he was later released.