Top court hails HC judge over reopening DA case

The court said that justice Venkatesh listed detailed reasons why he initiated the criminal revision case against Ponmudi’s recent acquittal

New Delhi: The Supreme Court on Monday applauded a Madras high court judge for reopening on his own initiative a disproportionate assets case in which Tamil Nadu higher education minister K Ponmudi and his wife were acquitted by the trial court in June this year.

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“Thank God we have judges like justice Anand Venkatesh in our system. Look at what the chief justice (of the high court) did. He transferred the trial from one district to another district? Where does the chief justice get that power? And the trial led to an acquittal,” remarked a bench, led by Chief Justice of India (CJI) Dhananjaya Y Chandrachud.

Refusing to entertain petitions filed by Ponmudi and his wife, the court said that justice Venkatesh listed detailed reasons why he initiated the criminal revision case against Ponmudi’s recent acquittal .

“To my mind, the judge is absolutely right. It’s a correct order...Thank God for the institution that we have judges like the one hearing this case,” the bench, which also included justices JB Pardiwala and Manoj Misra, told senior counsels Kapil Sibal and Mukul Rohatgi, appearing for the minister and his wife.

While Sibal and Rohatgi attacked justice Venkatesh’s order on procedural grounds, the bench said that all the arguments relating to the procedure resorted to by the judge should be argued by them after appearing before the high court.

“He has issued notice to you and the additional public prosecutor. You can argue everything there,” said the bench, recording in its order that it is not inclined to entertain the petitions at this stage.

The disproportionate assets case against Ponmudi and his wife relates to a period between 1996 and 2001, when he served as the transport minister 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. The case was registered in 2002by the Directorate of Vigilance and Anti-Corruption (DVAC) when the AIADMK was in power. A trial court and the high court had initially exonerated Ponmudi, but the Supreme Court 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.

Following an administrative approval granted by chief justice Munishwar Nath Bhandari last year, the trial against the minister was moved from Villupuram to Vellore where Ponmudi and his wife were acquitted on June 28.

By an order on August 10, justice N Anand Venkatesh reopened the criminal case against the acquittal of the minister and his wife of his own accord, stating that the entire narrative leading to the acquittal “reveals a shocking and calculated attempt to manipulate and subvert the criminal justice system”.

The judge also recalled the acquittal order passed by principal district judge at Vellore, N Vasanthaleela (since retired), opining that the transfer in the matter was “illegal and are nullities in the eyes of law”.

“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 have come to my notice...I find that there is a calculated attempt to undermine and thwart the administration of criminal justice,” justice Venkatesh stated in his order.

Subsequently, justice Venkatesh went on to exercise suo motu revision powers to restore cases against several other Tamil Nadu ministers, who were either discharged or acquitted in corruption cases. He also reopened a disproportionate assets case against former chief minister and AIADMK leader O Panneerselvam. Following a change of the roster, justice Venkatesh has been transferred to the Madurai bench.

On Monday, the Vellore trial judge, Vasanthaleela, also appeared in a petition filed separately to challenge the remarks made against her by justice Venkatesh. Senior advocate and former Orissa high court chief justice S Muralidhar represented her in the matter, asserted that she has had a completely “unblemished record” and that the aspersions were cast on her without giving her an opportunity to be heard. The bench disposed of Vasanthaleela’s petition by giving her the liberty to present her side of the story through a written communication to the high court.