NEW DELHI: The Supreme Court on Monday refused to interfere with the pleas made by Tamil Nadu Higher Education Minister K Ponmudy and his wife against the Madras High Court’s suo motu action of reopening a disproportionate assets case in which they were acquitted by the Vellore district court.
Chief Justice of India DY Chandrachud praised Justice N Anand Venkatesh of the Madras HC for initiating the suo motu revision against the acquittal of the minister, saying “Thank God we have judges like Justice Anand Venkatesh in our system”. The CJI said Justice Venkatesh was “absolutely right in his observations,” and wondered how the Chief Justice can transfer the trial, involving a sitting minister, from one district to another district.
The state minister’s case was transferred from Villupuram district court to Vellore district prior to his acquittal along with six others on the basis of administrative approval by three HC judges. “There is no administrative power to transfer trial. It is a judicial power,” the CJI said, adding that the matter was placed before another court and the trial was hurried ending in the acquittal.
Senior Advocate Kapil Sibal, appearing on behalf of the petitioners, questioned as to how an administrative order of transfer invalidate a trial court’s judgment. The top court, however, said such legal grounds in the plea could be raised in the Madras HC since the matter is pending there.
‘Bid to thwart criminal justice system in minister assets case’
All arguments can be advanced before a single judge of the high court who has issued notice to the accused and public prosecutor on the acquittal of the accused, the CJI-bench said.
Last July, a special court judge acquitted Ponmudy and six others including deputy mayor of Greater Chennai Corporation Magesh Kumar for want of material evidence to prove the charges beyond reasonable doubt. The FIR in the land grab case was registered by the Directorate of Vigilance and Anti-Corruption (DVAC) in 2003 against Ponmudy, his mother-in-law P Saraswathi (late), Magesh Kumar and others.
Of the 10 accused, three people had died during the course of the trial. Later, the suo motu revision was initiated by Justice N Anand Venkatesh against the order discharging the minister and his wife from the wealth case. While initiating the suo motu revision, the judge said a calculated attempt has been made to undermine and thwart the criminal justice system. After Justice Anand Venkatesh moved to the Madurai Bench of the HC for a three-month stint, Justice Jayachandran started hearing the revision case.
Of 10, three have died
The FIR in the land grab case was registered by DVAC in 2003 against Ponmudy, his mother-in-law P Saraswathi, and 9 others. Of the 10 accused, three people had died during the course of the trial.