Tamil Nadu Higher Education Minister K Ponmudy (Left), Madras High Court (Right)
The Enforcement Directorate (ED) has seized cash of Rs 81.7 lakh, foreign currency, including British pounds, worth Rs 13 lakh and frozen fixed deposits worth Rs 41.9 crore during searches at seven locations linked to Higher Education Minister K Ponmudy and his son Gowtham Sigaman, an MP from Kallakurichi , in last July. Both Ponmudy and his son Gautham Sigamani, were subjected questioning by the ED after the raids.
After TN minister Senthil Balaji who evaded appearing for enquiry by filing taking legal routes , has now been in ED custody. The ED set its eyes on Tamil Nadu and raided Ponmudy and son’s premises.
In the meanwhile a trial court acquitted him in the DA case last June. 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. They were charged with grabbing government land measuring 3630 sqft located at Srinagar Colony in Saidapet by forcibly chasing away Kannan also known as Kannappan who had raised a hut in the land. Later, the documents were allegedly fabricated to show Kannan had sold the land to Saraswathi for Rs 8 lakh. Ponmudy had constructed a house at a cost of Rs 35 lakh on the land. The minister was accused of criminal misconduct, abusing official powers and adopting corrupt and illegal means to grab the land. The special court, in 2007, discharged Ponmudy from the case following a petition filed by him. However, the order was overturned by the Madras High Court in 2017 finding prima facie evidence against him.
HC Judge calls acquittal of minister as strange and stage managed
In a rare move – a self indictment- Justice Anand Venkatesh on 10th August said the acquittal of Ponmudi was the result of ‘ strange and stage managed” procedures followed by the Madras High Court last year. The judge has decided to take ‘suo motu revision’ of the order passed by judge N Vasanthaleela, the then principal district judge at Vellore (now retired), who acquitted Ponmudy in a disproportionate wealth case in June this year.
The Judged in a suo moto action , initiated the criminal revision case against Ponmudy’s recent acquittal on his own and passed an order listing the reasons for it, stating that the entire “narrative” leading to the acquittal of the Minister “reveals a shocking and calculated attempt to manipulate and subvert the criminal justice system”.
He ordered issuance of notices to the DVAC, Minister Ponmudy, and his wife and co-accused in the case, P Visalatchi. He also directed the registry to place the matter before the current Chief Justice SV Gangapurwala for “further information.” Justice Venkatesh made a scathing remark y on Ponmudy, 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 single judge of Madras High Court noted that there was something “seriously amiss” in transfer order passed on the administrative side of the Madras High Court transferring the trial to Vasanthaleela saying “ it was one of the “most damaging cases” he had come across.
Justice Venkatesh said the June 28 order passed by the N Vasanthaleela, the then principal district judge, Vellore, who retired just two days after the judgement, was an instance of absolute miscarriage of justice.
The trial was being presided over by court in Villupuram and it was suddenly transferred to the Vellore principal district judge on June 7 last year. The Vellore judge then acquitted the Minister Ponmudy and his wife saying that the prosecution had failed to furnish sufficient and legally acceptable evidence against the accused. Incidentally, the administrative note transferring the case had been issued on a totally unrelated request sent months ago by the principal district judge of Villupuram seeking permission to conduct a hearing in the case on some non-working days. Once the matter was transferred, a case that had been pending for years, was decided in the accused’s favour with much alacrity,
In his 18-page order, Justice Venkatesh said “The notice of this Court was drawn to a recent judgment that was passed by the learned Principal District Court, Vellore in Special Case No.3 of 2022 based on a transfer order passed on the administrative side of the Madras High Court. The attention of this Court was also drawn to the fact that substantial proceedings were conducted by the Principal District Court, Villupuram and that at the fag end, the case came to be transferred to the file of the Principal District Court, Vellore. This Court felt that there is something seriously amiss about the procedure adopted in transferring the case to a different Court and that too at the fag end of the trial. To top it all, the attention of the Court was also drawn to the fact that final arguments were submitted by way of written submissions on 23.06.2023 and within a span of 4 days ie., on 28.06.2023 the Principal District Judge, Vellore had managed to write a 226-page judgment acquitting the accused. The learned Principal District Judge, Vellore demitted office shortly thereafter on 30.06.2023”.
He said “as a judge holding the portfolio for cases relating to MP/MLA’s I thought it fit to call for the entire records of Special Case No.3 of 2022 from the Principal District Court, Vellore. On going through the same the doubts entertained by this Court on the strange procedure followed in this case was proved right”.
Justice Venkatesn said after going through the details, he realised something was “seriously amiss” in the procedure adopted in the matter, including an administrative note that was issued by two of the Madras High Court administrative judges at the time, and the approval granted to that note by the then Chief Justice. The note that transferred the case against the Ponmudy couple from the district court Villupuram to the principal district judge at Vellore, despite it being subsequently approved by the CJ, was “illegal and non-est in law.”
His order though does not name any of the concerned judges and only refers to their designations. (Justice Munishwar Nath Bhandari was the Chief Justice of the Madras High Court during the relevant period and the two administrative committee judges were Justices T Raja, and V Bhavani Subborayan. While CJ Bhandari and Justice Raja have since retired, Justice Subborayan is a sitting judge of the Madras High Court).
Justifying the reasons for taking up suo moto, he said “The notice of this Court was drawn to a recent judgment that was passed by the learned Principal District Court, Vellore in Special Case No.3 of 2022 based on a transfer order passed on the administrative side of the Madras High Court. The attention of this Court was also drawn to the fact that substantial proceedings were conducted by the Principal District Court, Villupuram and that at the fag end, the case came to be transferred to the file of the Principal District Court, Vellore. This Court felt that there is something seriously amiss about the procedure adopted in transferring the case to a different Court and that too at the fag end of the trial. To top it all, the attention of the Court was also drawn to the fact that final arguments were submitted by way of written submissions on 23.06.2023 and within a span of 4 days ie., on 28.06.2023 the Principal District Judge, Vellore had managed to write a 226-page judgment acquitting the accused. The learned Principal District Judge, Vellore demitted office shortly thereafter on 30.06.2023. As a judge holding the portfolio for cases relating to MP/MLA’s I thought it fit to call for the entire records of Special Case No.3 of 2022 from the Principal District Court, Vellore. On going through the same the doubts entertained by this Court on the strange procedure followed in this case was proved right”.
Justice Anand Venkatesh said “By 06.06.2023, a case which had thus far been lingering on for years started to move with great alacrity. 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. By the first week of June 2023, the celestial stars of the accused appeared to be lining up perfectly, with the blessings of judicial personages, including the Principal District Judge, Vellore who was set to demit office on 30.06.2023. DW-1 was quickly examined on the side of the defense on 06.06.2023. On 23.06.2023, written submissions were made on the side of the accused, and on 28.06.2023, ie., within 4 days, the Principal District, Vellore marshalled the evidence of 172 prosecution witnesses and 381 documents and managed (or rather stage-managed) to deliver a 226-page testament/judgment acquitting all the accused”.
He said “It follows that the note of the Administrative Judges dated 06.07.2022 and 07.07.2022 directing the transfer of the case from Principal District Court, Villupuram to Principal District Court, Vellore is ex-facie illegal and non-est in law,”.
There is no parallel for the act of principal judge. Anand Venkatesh said sarcastically ” 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. The transfer note was a “calculated attempt to manipulate and subvert the criminal justice system” and that ever since the matter was transferred to the Vellore PDJ, nothing was done in accordance with law. It is not open to the High Court either under Section 407 of the Cr. P. C, or under Article 227 to cherry-pick cases and arbitrarily transfer them to any court without any reason. There is no authority either under the Constitution, the Letters Patent or any provision of law, which authorised two high court judges to exercise powers on the administrative side, “to transfer a pending criminal case from one District to another and that too by way of a note. It follows that the note of the Administrative Judges dated 06.07.2022 and 07.07.2022 directing the transfer of the case from Principal District Court, Villupuram to Principal District Court, Vellore is ex-facie illegal and non-est in law,” Justice Venkatesh said.
The Judge 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”.
“In Tamil Nadu , like any other state, will foist cases during power against opposition leaders and the opposition comes to power it will withdraw the cases or delay it or dilute the charges, or poor argument or shoddy way following of the cases . Except Jayalalithaa case, nones against politicians in TN resulted in conviction and sentence. DMK patriarch M Karunanidhi is called ‘ father of corruption” by opponents. DMK has the sobriquet “ scientific corruption ”party. Its attempts to acquit Ponmudy, now it seems back fired, showing what extent it would go to save its corrupt minister. It did all tricks in the Senthil Balaji case with frivolous petitions without success. Dayanidhi Maran and P Chidambaram cases have been pending for a long time in the apex court. It does not reach the registry to get listed for hearing. Think about the reach of DMK in Delhi too” says advocate Advocate Meyyappan.
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