In a major setback to the DMK government, the Madras High Court has overturned the acquittals of two prominent Tamil Nadu ministers in Disproportionate Assets (DA) cases, dealing a blow to the DMK government. The ministers, Thangam Thennarasu and KKSS Ramachandran, who were previously acquitted in 2022 and 2023 respectively, will now face a fresh trial.
The High Court, presided over by Justice Anand Venkatesh, had reserved its final orders in June 2024, following suo motu criminal revisions against the discharge of the ministers and former Chief Minister O. Panneerselvam from DA cases. On 7th August, the court pronounced its decision, reversing the special court’s orders that had cleared Thennarasu and Ramachandran of all charges.
The case against KKSS Ramachandran dates back to 2011, when the Directorate of Vigilance and Anti-Corruption (DVAC) filed charges against him, his wife R. Aadhilakshmi, and his friend KSP Shanmugamoorthy, alleging that they had accumulated disproportionate assets during Ramachandran’s tenure as a minister between 2006 and 2011.
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Similarly, Thangam Thennarasu, who served as the Education Minister from 2006 to 2010 in the DMK government led by M. Karunanidhi, was booked by the DVAC in 2012, along with his wife Manimegalai, on similar charges.
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Both cases were initially transferred to the Srivilliputhur Special Court (Designated Special Court for MP/MLA Cases) for administrative reasons. However, following the DMK’s return to power in 2021, the special court acquitted the ministers. The High Court’s latest order overturns these acquittals, mandating a retrial for both ministers.
Justice Venkatesh directed the Srivilliputhur Special Court in Virudhunagar district, to register a charge sheet and begin the examination of witnesses, emphasizing that the trial should be conducted on a day-to-day basis. Ramachandran and the other accused in his case have been ordered to appear before the special court on September 9, 2024, while Thennarasu and the accused in his case are to appear on September 11, 2024, to furnish bonds with or without surety.
In his judgment, Justice Venkatesh stated, “As prima facie materials are available to frame charges, the special court shall proceed to frame charges, and thereafter, proceed in accordance with the law.” He also clarified that the High Court has not commented on the merits of the case, allowing the special court to decide the matter without being influenced by any previous remarks.
Justice N Anand Venkatesh, who ordered the reopening of the case against Ponmudi, raised concerns about the integrity of the case proceedings. Observing a pattern of filing final closure reports that consistently exonerated politicians, Justice Venkatesh initiated a suo motu criminal revision, leading to the reopening of these cases. He also issued notices to the involved ministers and former Chief Minister O. Panneerselvam.
The retrials are expected to be conducted expeditiously, as per the High Court’s directives. This development is likely to have significant political ramifications in Tamil Nadu, especially for the ruling DMK government.
The court has come down heavily on the handling of the Disproportionate Assets (DA) cases, delivering a scathing critique of the actions taken by the Directorate of Vigilance and Anti-Corruption (DVAC) officials. In its statement, the court observed, “What is evident from the above is a clearly orchestrated plan. Once the two Ministers were back to power, the DVAC officials decided or were told by their higher-ups to find ways and means to ensure that the prosecutions were torpedoed.”
In December last year, the Madras High Court overturned a trial court’s acquittal of Tamil Nadu’s Higher Education Minister K Ponmudy and his wife, P Visalakshi, in a ₹1.75-crore disproportionate assets case. Justice G Jayachandran convicted the senior DMK leader and his wife, sentencing them to prison. Ponmudy was subsequently removed from the cabinet due to automatic disqualification. However, following an appeal, the Supreme Court suspended their sentences, allowing Ponmudy to return to the cabinet.
In Ponmudy’s case, most of the government’s witnesses turned hostile, alleging they were coerced into giving statements against the minister. Critics argue that, given the DMK’s history, the party may employ various legal strategies, including filing multiple petitions, to delay the trial and protect its ministers using financial resources and top legal counsel.
Thangam Thennarasu was elected to the Tamil Nadu State Legislative Assembly from Arupukottai constituency in May 2006. Between 13th May 2006 and 14th May 2011, he was a member of the State Cabinet of the DMK holding the portfolio as the Minister for School Education. He was re-elected on a DMK ticket from the Tiruchuli constituency in 2011, 2016 and 2021 respectively.
