CHENNAI: In a rather unprecedented move, the Madras High Court on Thursday initiated suo motu revision petition against a lower court’s judgment acquitting minister K Ponmudy and his wife in a disproportionate assets case while casting doubt over the speed at which the judge delivered a voluminous order just two days before her retirement.
Justice N Anand Venkatesh pointed out that, in four days, the principal district judge of Vellore marshalled the evidence of 172 prosecution witnesses and 381 documents and managed to deliver a 226-page judgment acquitting all the accused. “This unique feat of industry on the part of the principal district judge, Vellore, can find few parallels, and it may well be said is a feat that even judicial mortals in constitutional courts can only dream of,” the judge noted.
He ordered notice to DVAC, Ponmudy and his wife and posted the matter for September 7, directing the Registry to place a copy of the order to the chief justice for information. Justice Anand said the transfer of the long pending case from the principal district court in Villupuram to Vellore was without jurisdiction and questioned the high court’s power to issue an ‘official memorandum’ injuncting the principal judge of Villupuram from proceeding with the case even as the judge had sought permission for special sitting on holidays.
“The narrative reveals a shocking and calculated attempt to manipulate and subvert the criminal justice system.” He said interfering with the judicial proceedings of a lower court through official memorandums on the administrative side is palpably illegal and without legal sanctity. He said that high court cannot abjure from its duty to prevent miscarriage of justice by ‘interfering where interference is imperative.’
Justice Anand also questioned the power of the administrative committee comprising two HC judges to transfer the case from one district to another, that too by way of a note, because the power to transfer cases is judicial power of the HC.