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Tamil Nadu: DMK leader gets three-year jail in disproportionate assets case
Madras high court on Thursday sentenced senior party leader and state’s higher education minister K Ponmudy and his wife to three-year imprisonment in a ₹1.75-crore disproportionate assets case
In a major setback for the ruling Dravida Munnetra Kazhagam (DMK) in Tamil Nadu, the Madras high court on Thursday sentenced senior party leader and state’s higher education minister K Ponmudy and his wife to three-year imprisonment in a ₹1.75-crore disproportionate assets case.
Justice G Jayachandran, who held the couple guilty under the Prevention of Corruption Act, 1988, also imposed a fine of ₹50 lakh each on Ponmudy and his wife, P Visalakhi. The court, however, granted the couple one month to surrender before the trail court to undergo prison sentencing.
Consequent to his three-year prison term, Ponmudy stands disqualified as a legislator from Thirukoyyilur constituency, in accordance to the Representation of the People Act. Hours after his sentencing, the DMK government allocated the higher education portfolio to RS Rajakanappan, the backward classes welfare minister in the MK Stalin-led cabinet.
The DMK’s legal team said they would challenge the high court verdict before the Supreme Court.
Justice Jayachandran said the sentence is imposed considering the nature of offence, its gravity and its impact on the society and after considering the submissions made by the accused.
On December 19, the high court found the six-time DMK legislator and his wife guilty under the Prevention of Corruption Act, 1988 and had directed them to appear on Thursday.
The case pertains to Ponmudy amassing wealth disproportionately to the tune of ₹1.75 crore in his name and in the name of his wife which was 65.99% more than his known sources of income when he was the minister for mines in the DMK-led regime during 2006 to 2011. They were, however, acquitted by a trial court in Villupuram, Ponmudy’s home district in northern Tamil Nadu, in 2016. On Tuesday, the high court set aside that verdict and allowed the appeal filed by the Directorate of Vigilance and Anti-Corruption (DVAC) in 2017.
On Thursday, Ponmudy (73) and his wife Visalakhi (68) submitted their medical records to the judge and pleaded for a lesser punishment, citing their age and illness and the longevity of the case. “Considering the fact that, the 1st accused /Ponmudy is presently the Minister of Higher Education, Government of Tamil Nadu and the health conditions of the accused, 30 days time (is) granted to surrender before the trial court to undergo the sentence imposed,” the judge said in his order.
In case the accused persons fail to surrender on or before January 22, 2024, the trial court shall secure the accused by executing warrant, the judge added.
Earlier, senior counsel NR Ellango, representing the accused, prayed the court to grant leave to enable Ponmudy and his wife Visalakshi to file a Special Leave Petition before the Supreme Court and also to suspend the sentence. The high court, however, rejected the prayer.
“We will immediately appeal in the Supreme Court. We are confident to bring Ponmudy relief,” Elango said. “We will seek a stay of conviction. This is not the final verdict. The Supreme Court is the highest authority.”
Elango, who is also a suspended Rajya Sabha member from the DMK, added the case against Ponmudy was filed out of vengeance by the previous AIADMK regime.
Soon after the AIADMK came to power in 2011, the DVAC in September that year registered a DA case against Ponmudy and his wife. DVAC’s final report in 2012 alleged that Ponmudy along with his wife during the check period acquired assets 65.99% more than their known source of income.
Earlier, the high court initiated a suo motu (on its own) revision case against the influential DMK leader and his wife. Justice N Anand Venkatesh, exercising the revisional jurisdiction of the high court — the power to revise cases decided by subordinate courts — on August 10 reopened the case. He also reopened more cases involving politicians, including sitting ministers. Following a roster change, justice Jayachandran continued hearing these cases.
Last month, the Supreme Court had refused to entertain pleas filed by Ponmudi and his wife against justice Venkatesh for taking up the revision case. “Thank God we have judges like Justice Anand Venkatesh in our system,” a bench led by chief justice of India (CJI) Dhananjaya Y Chandrachud had remarked on November 5.
The opposition BJP, meanwhile, targeted the DMK over the minister’s sentencing by the court.
“The Fountainhead of Corruption, the coterie that mastered the art of scientifically Swindling taxpayer money, is today trembling from within…,” BJP state chief K Annamalai posted on X, naming Ponmudy and Senthil Balaji, another DMK minister arrested by ED in a graft case. Chief minister MK Stalin can build a block in the central prison for his ministers, Annamalai added.
Elango hit back, saying the DMK “continues to be strong” and it is the “BJP who is afraid of them”.
