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SC raps TN guv for refusing to reinstate Ponmudi as minister
Ponmudi was disqualified on December 21, 2023 when the Madras high court convicted and sentenced him to three years imprisonment in a disproportionate assets case
The Supreme Court on Thursday slammed Tamil Nadu governor RN Ravi for “defying” it by refusing to swear in K Ponmudi as minister after the top court suspended the DMK politician’s conviction early this month in a disproportionate assets case, and gave him till Friday to “set it right”, failing which, it said, it would “pass an order asking the Governor to follow the Constitution”.
The ruling Dravida Munnetra Kazhagam (DMK) in Tamil Nadu approached the top court on March 18, a day after the Governor rejected chief minister MK Stalin’s request to swear in Ponmudi as higher education minister. Ponmudi was disqualified on December 21, 2023 when the Madras high court convicted and sentenced him to three years imprisonment in a disproportionate assets case. But on March 11, the top court suspended the conviction.
Rejecting Stalin’s request in a letter on March 17, the Governor noted that Ponmudi’s conviction has only been “suspended, not set aside”. He further claimed that Ponmudi is “tainted of corruption” and his appointment would be against “constitutional morality”.
Hearing the matter on Thursday, a bench headed by chief justice of India (CJI) Dhananjaya Y Chandrachud said: “We are seriously concerned about the conduct of the Governor. He is defying the Supreme Court of India. Are we governed by rule of law. When Supreme Court stays conviction, the Governor has no business to say that the conviction is not wiped out. We are deeply concerned on who has advised him and the manner in which this matter has proceeded.”
Attorney General R Venkataramani, appearing for Governor, sought time to take instructions. He objected to the manner in which the state government raised the issue about the swearing-in of a minister in a pending petition from last year that challenged the Governor’s inaction to clear pending bills and appointments.
The court, however, told AG: “Can the Governor say I will defend my constitutionally illegal conduct by pointing fingers at the state for moving an application. Do we close our eyes to the constitutional breach by the Governor on this technical issue...what do the states do if Governor does not follow the Constitution. They have to approach this Court.”
The elected governments of Tamil Nadu, Kerala, Telangana, and Punjab, all ruled by parties opposed to the Bharatiya Janata Party which runs the Union government, have alleged that Governors are exceeding their constitutional remit by refusing to sign off on legislations and behaving like agents of the Centre.
Posting the matter for Friday, the bench observed, “We will keep it tomorrow otherwise...if we don’t hear in a positive manner from you, we will have to pass an order asking the Governor to follow the Constitution. We don’t want to do that as we want the Governor to set it right.”
The bench, also comprising justices JB Pardiwala and Manoj Misra, further asked: “How can the Governor say that after the SC stayed the conviction, his (the politician’s) re-induction will be against constitutional morality.”
Referring to a past judgment by the top court on what “stay of conviction” means, the bench said: “Once substantive order of conviction is suspended by this Court, there is no conviction that exists. You can’t say then that he is tainted.”
The bench further reminded the Governor that he is a titular head holding a constitutional office. “How can any constitutional authority act in this manner? It is not about subjective perception about a minister. I may have a view about a particular person but we must act according to Constitution. On his conviction being stayed, the chief minister wants to re-induct him as part of Parliamentary democracy. And when Supreme Court has stayed the conviction, law must follow its course,” the bench said.
Senior advocates Abhishek Manu Singhvi and P Wilson, appearing for the state government, alleged that the Governor’s action “amounts to destruction of constitutional ethos”. “He is cocking a snook at the Supreme Court by saying Supreme Court is guilty of not following constitutional morality. Primacy of elected government is part of basic structure of Constitution. His action amounts to destruction of constitutional ethos.”
Venkatramani told the Court, “I am not justifying what the Governor has done but I need to know what persuaded him to do that. But I am objecting to the way this application has been filed.”
By separate orders of December 19 and 21 last year, the Madras high court reversed an acquittal order passed by the trial court in April 2016 against Ponmudi and his wife P Visalakshi. The trial court held that clubbing the property of Ponmudi with his wife was not permissible under law as she is not a public servant, but runs independent business and has a separate source of income.
The FIR against the minister was registered in 2011 on the allegation that during his tenure as minister of mines and higher education in the state between 2006 to 2010, he acquired assets that were nearly 66% more than his known sources of income.
While suspending the conviction, the top court on March 11 held that disqualifying him for holding office of minister and MLA would be an “irreversible situation”. Following the SC order, the Speaker of TN Assembly declared that Ponmudi’s disqualification had ceased to operate and even the Election Commission on March 16 withdrew the notification of vacancy of Thirukovilur assembly seat arising from Ponmudi’s disqualification.
