NEW DELHI: The Supreme Court on Monday refused to interfere with the pleas by Tamil Nadu Higher Education Minister K Ponmudy and his wife against the Madras High Court suo motu action reopening a graft case, in which the duo was acquitted by the Vellore district court.
During the hearing, Chief Justice DY Chandrachud praised Justice N Anand Venkatesh who took a suo motu revision against the acquittal of the minister and others by the Vellore district court, remarking "Thank God we have judges like Justice Anand Venkatesh in our system."
He said Justice Venkatesh was "absolutely right in his observations," and wondered how Chief Justice has the power to transfer the trial from one district to another which involved a sitting minister.
The TN minister's case was transferred from a Villupuram district court to Vellore district prior to his acquittal along with six others on the basis of administrative approval by three High Court 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 an acquittal.
Senior Advocate Kapil Sibal appeared on behalf of the petitioners and argued how can the administrative order of transfer invalidate the trial court's judgment. The top court, however, said the legal grounds in the plea could be raised in the high court since the matter is pending there.
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 persons, it said.
Earlier in July, the special court judge acquitted Ponmudy and six others including the deputy mayor of Greater Chennai Corporation Magesh Kumar for want of material evidence to prove the charges beyond reasonable doubt.
The FIR on the land grab 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 persons, three died during the course of the trial.
Later, the suo motu revision was taken up by Justice N Anand Venkatesh against the order discharging the minister and his wife from the wealth case. While initiating the suo motu revision, he had blamed that a calculated attempt to undermine and thwart the criminal justice system was being made.
Since Justice Anand Venkatesh moved to the Madurai bench for a three-month stint, the revision case is being heard by Justice Jayachandran.