Madras High Court orders release of former AIADMK minister K Ponnusamy’s properties

In-as-much, as this court had acquitted the two accused from the case, the assets standing in their names, have to be excluded from the order of confiscation.
Image used for representational purpose only
Image used for representational purpose only

CHENNAI: THE HC has ordered release of properties belonging to the wife and daughter of former AIADMK minister K Ponnusamy, confiscated in connection with a disproportionate assets case against him in 2000. Justice M V Muralidharan ordered the return on July 28, 2018, but the judgment was issued on Monday, while allowing the revision petitions from P Prabhavathy and P Mala, Ponnusamy’s wife and daughter, respectively.

In-as-much, as this court had acquitted the two accused from the case, the assets standing in their names, have to be excluded from the order of confiscation. The trial court failed to give tangible and sustainable reasons regarding the confiscation of the property. “In the result, both the criminal appeals are allowed. The pecuniary resources of property worth `77.14 lakh shall be released immediately. The jewels weighing 1,000 grams that may be identified by the first appellant, lying in bank lockers, shall be returned to them,” the judge said.

Originally, Ponnusamy was elected from Marungapuri Assembly constituency in the elections held in 1991. He held the post of Deputy Speaker also. He became the Education minister later. Holding that he had misused his office and accumulated assets in his name and in the names of his wife, daughter and other close relatives, the DVAC had registered a case for offences under Sections 13 (1)(e) read with Section 13 (2) of the Prevention of Corruption Act and the IPC against them. And the trial court convicted and sentenced them to undergo imprisonment for three years and to pay a fine of `1 lakh each.

They preferred criminal appeal and the High Court dismissed the appeal in respect of Ponnusamy and acquitted the other accused on April 12, 2001. The appellants (wife and daughter) preferred special leave petition against this before the Supreme Court and while allowing it, set aside the High Court order in respect of the confiscation and referred the matter back to the High Court, which is allowed now.

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