In a rare move, HC initiates revision of TN Minister Ponmudi’s acquittal in assets case

Issuing notices to the Directorate of Vigilance and Anti-Corruption (DVAC) and the Minister besides asking the court registry to place the matter before the Chief Justice, Justice Venkatesh came down heavily on Ponmudi, stating sarcastically that “perhaps the accused drew inspiration from Paulo Coelho who said that ‘when you want something, all the universe conspires in helping you to achieve it'”.

The high court also made critical remarks about the Principal District Judge (PDJ), Vellore, who acquitted Ponmudi in the case in June this year. The court noted that the PDJ, Vellore, who was set to retire on June 30, 2023, had quickly examined the defence witness on June 6, and received written submissions from the accused by June 23. In just four days, the PDJ reviewed evidence from 172 prosecution witnesses and 381 documents, delivering a 226-page judgment acquitting all the accused on June 28.

“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. Two days thereafter, on June 30, 2023, the Principal District Judge, Vellore retired and cheerfully rode off into the sunset,” said Justice N Anand Venkatesh in his 17-page order.

This disproportionate assets case against Ponmudi is dated to a period between 1996 and 2001, when he served as the Minister of Transport in the then DMK government. He was accused of acquiring properties and resources that were disproportionate to his known sources of income during this period. An FIR was registered against him, his wife, mother-in-law and two friends under various sections of the IPC and the Prevention of Corruption Act, 1988 in 2002, when the AIADMK was in power.

After a police investigation, the case was presented to the Chief Judicial Magistrate, Villupuram, who initially discharged the accused. After the state challenged this order, the discharge was affirmed yet again and the matter was then taken to the Supreme Court, which set aside the discharge orders in 2014, stating that the court had improperly appraised the evidence at that stage.

The charges were framed against Ponmudi and others in 2015, but two of the accused had passed away by that time. Witness examinations were held at the Special Court for Prevention of Corruption Act Cases, Villupuram. Then there was an SC order to transfer the case to a designated special court, which was renumbered, and witnesses continued to be examined until 2022.

Meanwhile, the PDJ, Villupuram, requested special sittings for expeditious completion of the case, but the HC rejected the request.

Later, in July 2022, the then HC Chief Justice granted the administrative judges to transfer the case from the PDJ, Villupuram to the PDJ, Vellore. The case files were subsequently transferred, and a new case number was assigned in Vellore. The examinations and cross-examinations of prosecution witnesses continued until February 2023. In April 2023, the accused were questioned under Section 313(1)(b) of the CrPC, who denied the allegations against them submitting a written statement under Section 313(5) of the CrPC.

Justice Venkatesh Thursday observed that by June 2023 “a case which had thus far been lingering on for years started to move with great alacrity”. What had raised an alarm was the hurried acquittal in the case, and an alleged manipulation of the criminal justice system.

Noting that the course of events has exposed a shocking attempt to undermine the justice system, Justice Venkatesh’s order said: “I find that there is not even a speck of legality on anything that has been done on and from June 7, 2023, when the HC administration injuncted the Principal District Judge, Villupuram from proceeding with the case.”

“The dubious and curious process of transfer followed by the trial and judgment of the Principal District Judge, Vellore, are wholly illegal and are nullities in the eyes of law. These illegalities having come to my notice, I have decided to exercise my powers under Section 397 & 401 Cr.P.C and Article 227 of the Constitution suo motu as I find that there is a calculated attempt to undermine and thwart the administration of criminal justice,” Justice Venkatesh stated.