In what seems to be a clear instance of showing disrespect for the court, on Thursday, August 24, 2023, DMK organization secretary R.S. Bharathi alleged that Justice N. Anand Venkatesh of the Madras High Court had employed a selective approach when initiating suo motu revisions regarding the acquittal of Higher Education Minister K. Ponmudy and the discharge of Revenue Minister K.K.S.S.R. Ramachandran and Finance Minister Thangam Thennarasu in corruption cases filed against them during the AIADMK regime.
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.
KKSSR Ramachandran, the current revenue minister of Tamil Nadu, along with his wife and close associates, was cleared of charges by the Principal Sessions Court in Srivilliputhur in July of this year. This case was 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.
While hearing the suo-motti appeal against the lower court judge, Justice Anand Venkatesh said “a constitutional court cannot shut its eyes when the 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.
In the aftermath of these remarks and the subsequent ruling against DMK ministers by Justice Anand Venkatesh, numerous individuals on social media condemned the DMK for purportedly undermining the integrity of the criminal justice system. The Tamil mainstream media, largely influenced by Dravidian political ideology, notably remained silent on this issue, seemingly due to the fact that it involved DMK ministers facing legal repercussions.
In this situation, DMK’s organization secretary, RS Bharathi, held a press conference where he openly criticized Justice Anand Venkatesh. Many of his remarks could be interpreted as direct contempt of court. RS Bharathi stated, “In relation to the DMK, it’s important to note that we hold the Judiciary in high regard. Historically, we have emerged victorious in numerous court cases. However, the recent verdicts that have emerged within the past week, all pertaining to DMK ministers, appear to have been presented in a manner that aims to damage the reputation of both the DMK and the government. As a result, we feel compelled to address certain matters for the public’s clarity.”
Indirectly casting aspersions, RS Bharathi said, “We are all aware of how the late CM Jayalalitha sought retribution against judges who ruled against her. For instance, when Judge Srinivasan issued verdicts against the ADMK government, Jayalalitha cut off electricity, water, and drainage services to the judge’s residence. Similarly, Judge Sathyadev also faced reprisals from Jayalalitha when he delivered judgments unfavorable to the ADMK government. In another instance, Jayalalitha initiated a Ganja case against the son-in-law of Chennai High Court Judge A.R. Laxmanan. However, at that time, DMK condemned these actions by Jayalalitha.”
Implying ulterior motives behind the recent judgment, RS Bharathi argued that Justice Anand Venkatesh had taken suo-motto action against the acquittals of DMK ministers, yet he did not entertain the petition submitted by DMK regarding the then ADMK CM Edappadi Palanisamy’s alleged involvement in a 3600 crore corruption case related to a tender award. He remarked, “Justice Anand Venkatesh, who previously asserted that DMK should not occupy the court’s time to play politics when we filed a 3600 crore corruption case against ADMK minister, has now delivered a judgment concerning a mere ₹44 lakhs disproportionate asset case. The same judge who could not find time for the ₹3600 crore case has now dedicated his time to the ₹44 lakhs disproportionate asset case.”
According to Mr. Bharathi, DMK Ministers had been acquitted or discharged on grounds that were applied by courts to acquit or discharge former Deputy Chief Minister O. Panneerselvam and former Ministers Natham R. Viswanathan and B. Valarmathi. “But the judge seemed to have followed a policy of pick and choose. Though Judges have to power to hear an appeal, it should not be with a revenge motive. If the judge discriminates by not taking a suo-motto appeal against the ADMK minister but will use the powers only against the DMK ministers, then we have no other option but to appeal to the Supreme Court,” he alleged.
RS Bharathi highlighted that Mr. Thennarasu was accused of amassing assets totaling ₹74 lakh, while Mr. Ramachandran faced allegations of ₹44 lakh. He remarked, “With ₹74 lakh, one can only afford a 600-square-foot property in Nanganallur (a locality in Chennai), and for ₹44 lakh, merely a 400-square-foot space. However, the High Court has scheduled hearings for them (the Ministers) during its prime hours,” he commented.
In this situation, attorney R. Krishnamurthy lodged an appeal yesterday in front of Judge N. Anandvenkatesh, requesting that the statements made by RS Bharati be regarded as an act of contempt towards the court, and consequently, a case of contempt of court should be pursued against him.
Nevertheless, Judge Anand Venkatesh declined to initiate contempt proceedings, stating, “I have fulfilled my obligations in accordance with the law and my own conscience. Individuals in the public eye will express their opinions freely. However, I will not be unsettled or troubled by it.”
“Only I know whether I have acted true to my conscience or not. Others can give multiple interpretations, this way or that way. I will not get into all those things because I have a better job to do, which is to take care of the last litigant standing before this Court. I am more concerned about that; I am not concerned about anything else,” the judge went on to say.
Furthermore, the Judge emphasized that he would compromise his capacity as a judge if he were to be upset by the remarks put forth by RS Bharathi during the interview. He added that he would never take such comments seriously.
(with inputs from Hindu)
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