Madras HC Overturns Acquittals Of DMK Ministers In Disproportionate Assets Cases

In a surprising turn of events in Tamil Nadu, the Madras High Court on 7 August 2024, approved two suo motu criminal revision petitions that were taken up last year, overturning the exoneration of Revenue Minister K.K.S.S.R. Ramachandran and Finance Minister Thangam Thennarasu, along with their family members, in two separate disproportionate assets cases from 2011 and 2012.

Justice N. Anand Venkatesh revoked a ruling made by a special court for MP/MLA cases on 20 July 2023, which had cleared DMK Revenue Minister Ramachandran, his wife R Adhilakshmi, and friend K.S.P. Shanmugamoorthy, reinstating the disproportionate assets case back to the special court’s docket. He mandated the trial court to formulate charges and proceed in line with the law.

The judge specified that due to his orders in the suo motu proceedings, any discharge petitions previously filed by the accused before the trial court would be dismissed. He instructed all three accused to appear before the special court on 9 September and provide a bond. He emphasized the need for the trial to be conducted daily and finalized promptly, independent of his prior observations in the suo motu proceedings.

Moreover, in a separate decision regarding DMK’s Finance Minister Thennarasu, the judge referenced a quote by James Jeffrey Roche, underscoring the strength and reach of the law in capturing wrongdoers. The judge nullified a previous ruling by the special court on 12 December 2022, discharging the Minister and his wife T. Manimegalai, returning the disproportionate assets case to the trial court. Observing the availability of prima facie evidence to frame charges, he directed the special court to move forward with charge framing.

The defendants were instructed to attend the special court on 11 September 2024, where a bond under Section 88 of the Code of Criminal Procedure should be obtained as necessary. Justice Venkatesh insisted on a daily trial process for the 2012 disproportionate assets case to swiftly reach completion, maintaining independence from any prior observations made in the suo motu proceedings.

On 23 August of the previous year, Justice Venkatesh had initiated suo motu criminal revision proceedings following a discharge of the two Tamil Nadu ministers in the disproportionate assets cases by a special court. Recognizing the balanced play between the accused and prosecution, the judge issued notices to Ramachandran and Thennarasu, who had been absolved from the said cases in July 2023 and December 2022, respectively.

(With inputs from The Hindu)

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