Tamil Nadu’s BJP MLA and National President of BJP Mahila Morcha, Vanathi Srinivasan, has posed serious charges concerning Ponmudi’s acquittal in the disproportionate asset case. She has raised doubts regarding the decision to shift the case from Villupuram to Vellore, as well as the swiftness with which the case was deliberated upon in the Vellore Principal Judge’s court.
In a remarkable and unparalleled development, the Madras High Court issued an order on 10 August 2023 that raised concerns about the manner in which District Judge Vellore had rendered a verdict acquitting DMK Minister Ponmudi and his spouse in a disproportionate assets case. Justice Anand Venkatesh utilized his suo motu revision powers to question the validity of transferring the case against the Higher Education Minister.
The 17-page order delivered by Madras High Court Justice N. Anand Venkatesh on August 10 marked an extraordinary occurrence, causing reverberations within the judicial sphere and eliciting unease in the political arena, particularly among those belonging to the ruling party. This instance may perhaps be the first of its kind, where a judge independently undertook a case to scrutinize the legality of a lower court’s decision to close the case.
In a forceful and strongly-worded verdict, Venkatesh vehemently criticized the manner in which the disproportionate assets case involving Higher Education Minister K. Ponmudy and his spouse P. Visalakshi was transferred from Villupuram District Court to Vellore District Court. The case had been registered against Ponmudy in 2002, following allegations of owning assets exceeding his income during his ministerial tenure from 1996 to 2001. The Judge ordered notifications to be issued to Minister Ponmudy, the Directorate of Vigilance and Anti-Corruption (DVAC), the agency that had investigated the case in 2002. The court has scheduled the hearing of the case for September 7.
Justice Venkatesh stated in his order said, “It is evident that when a glaring illegality by a criminal court leads to a significant miscarriage of justice, it becomes the constitutional duty of the High Court to rectify the illegality and uphold the public’s trust in the criminal justice system.” He further emphasized that the narrative presented reveals an “alarming and deliberate effort to manipulate and undermine the criminal justice system. The perplexing and questionable transfer of the case followed by the trial and judgment by the Principal District Judge in Vellore are entirely unlawful and devoid of legal validity.”
In this situation, BJP Coimbatore South MLA Vanathi Srinivasan, in a press release, came down heavily on the way the case was conducted in the Vellore court and raised serious questions on how DMK minister Ponmudi attempted to manipulate the criminal justice system.
In a detailed press release, MLA Vanathi Srinivasan said, “Tamil Nadu Higher Education Minister Mr. K. Ponmudi was the Transport Minister during the last DMK regime of 1996-2001. In 2002, the Directorate of Vigilance and Anti-Corruption (DVAC) registered a case against him, his wife, mother-in-law, and friends for adding assets beyond their income. The Villupuram District Court, which investigated this, acquitted Ponmudi and others in 2004. Though the appeal against Ponmudi was struck down by Madras High Court, Supreme Court gave permission for conducting the trial against DMK Minister Ponmudi.”
The press release added, “In May 2022, the Principal Judge of Villupuram District sent a letter to the Madras High Court seeking permission to conduct the trial on four vacation days to speed up the case. This request was rejected by the Madras High Court on June 7, 2022. Apart from that, it also stayed the investigation in the case until further orders. Subsequently, two High Court judges for the administration of Villupuram District Courts transferred the case to the Vellore District Principal Court. The order was sent to the Chief Justice on July 8, 2022, for approval. On approval, the high court transferred the disproportionate asset case against Ponmudi to the Vellore district court and issued an order on July 12, 2022.”
The press release reads, “Accordingly, the case was transferred to Vellore on July 16, 2022, and was investigated by District Principal Judge Vasantha Leela. The case, which was dragging on for years, picked up speed on June 6, 2023. Until then, those who were seeking adjournment of the case without coming to trial stood in a queue at the Vellore court. Written arguments were filed by the accused on June 23. In four days, after examining 172 witnesses and 381 documents, the Vellore District Magistrate issued a 226-page verdict acquitting everyone including Ponmudi. Following that, she retired on July 30.”
The press release said, “Judge Anand Venkatesh of the Madras High Court, who has taken up suo-motto cognizance of the order of the Vellore court himself, has expressed shock by pointing out the speed of the trial and the judgment in the Vellore court. Justice Anand Venkatesh has express shock over the judgement and called it a “Stage-Managed Judgement”.
MLA Vanathi said, “All of this is truly astonishing. The occurrences surrounding Minister Ponmudi’s case serve as a stark illustration of the lengths to which certain individuals within the DMK can go, not solely confined to matters of systematic corruption, but also extending to evading allegations of corruption. If these circumstances are allowed to persist, the very fabric of justice within the country will be compromised. The current state of affairs will persist until individuals wielding power and financial influence can manipulate justice according to their will. It’s becoming increasingly apparent that the notion of evading accountability by corrupting the public is taking hold. This poses a substantial peril to both the nation and the democratic system. The cornerstone of our democracy lies in the public’s faith in the judiciary, and preserving that trust is imperative. Thus, a thorough examination is warranted, spanning from the suspension of proceedings in the Ponmudi asset accumulation case in the Villupuram District High Court to the subsequent verdict in the Vellore District High Court. Are these actions in accordance with the law? An inquiry, initiated by the Honorable Chief Justice of the Madras High Court, is necessary. Legal consequences should ensue for those found to have acted wrongly or transgressed the law. Otherwise, the alarming prospect arises that corruption could become de facto legal.”
The statement ended by saying, “I make this request not only as BJP National Mahila Morcha president and member of the Coimbatore South Assembly Constituency but also as a lawyer, a law student, and a citizen of this country who has great respect for Indian democracy.”
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