After taking suo-motu cognizance of the irregularities in DMK Minister’s K. Ponmudi’s acquittal, the Madras High Court has now initiated an independent review of the cases involving Dravida Munnetra Kazhagam (DMK) minister KKSSR Ramachandran and Thangam Thennarasu, who were separately acquitted of charges related to disproportionate assets.
The charges against them were brought forth by the Directorate of Vigilance and Anti-Corruption (DVAC), and a district court had previously acquitted them. These legal actions were initiated during the tenure of the All India Anna Dravida Munnetra Kazhagam.
KKSSR Ramachandran, the current revenue minister of Tamil Nadu, along with his wife and close associates, were cleared of charges by the Principal Sessions Court in Srivilliputhur in July of this year. This case had been initiated in 2011.
Similarly, in December 2022, Tamil Nadu Finance Minister Thangam Thennarasu and his spouse were acquitted by the same court in a disproportionate assets case from 2012. This case pertained to the period when he served as the School Education Minister in the DMK government between 2006 and 2011.
Justice N Anand Venkatesh of the Madras High Court is overseeing the reevaluation of these verdicts.
This decision follows the recent exoneration of Tamil Nadu Minister K Ponmudy and his spouse from a disproportionate assets case by a court in Vellore in June.
During the hearing on Wednesday (23 June 2023), Justice Anand Venkatesh said “a constitutional court cannot shut its eyes when criminal justice system is subverted. If this is allowed, I feel I will be failing in my duty.”.
He further added “This has shocked the conscience of the court and therefore I am ordering notice to the accused and the prosecution”.
Justice Anand Venkatesh said that he couldn’t sleep for 3 nights after reading the judgement given by the lower courts in the disproportionate assets case of both the ministers.
“I have nothing against any individual but I see the investigating officers have changed their stand after 2021.”, he said.
Justice Anand Venkatesh in his judgement said “It is, therefore, clear that these machinations are part of a well-organized plot to ensure that the prosecutions against the two Ministers before the very same Court were short-circuited/subverted by self-destructing the prosecution case.”
The judgement further added “this Court is of the prima facie view that the order dated 20.07.2023 passed by the Special Court for MP’s and MLA’s case (Principal Sessions Judge, Virudhunagar District at Srivilluputhur suffers from grave illegality which has resulted in gross miscarriage of justice. It is all too apparent that upon a change of power in the State in 2021, the identities of the accused and the prosecution were obliterated as all the players in the game suddenly found themselves belonging to the same team. Realizing this, the umpire ie., the Special Court appears to have decided that the wisest course open to it was to get itself out hit wicket. This, therefore, is yet another instance of a criminal trial being derailed by the active design of those at the helm of political power.”
The judgement further added that if this trend went unchecked, the Special Courts meant for MP/MLA trials would become a playground for all sorts of condemnable practices which are handcrafted and orchestrated to subvert and derail the criminal justice system.
The next hearing has been adjourned to 20 September 2023.
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