Madras High Court Overturns DMK Minister’s Acquittal In Disproportionate Assets Case

The Madras High Court has overturned a trial court’s decision to acquit DMK Minister for Higher Education K Ponmudi in a disproportionate case initiated against him.

In response to an appeal by the Directorate of Vigilance and Anti-Corruption (DVAC), Justice G Jayachandran, on Tuesday (19 December 2023), determined that the DMK minister had accumulated assets exceeding his known sources of income by 64.9% during his tenure as Minister for Mines and Minerals in the DMK government from 2006 to 2011.

The judge scheduled the pronouncement of the sentence for December 21, 2023, and instructed Ponmudi and his wife to appear before the court on that day.

In 2016, a special court under the Prevention of Corruption Act (PCA) had acquitted Ponmudi and his wife P Visalatchi in the disproportionate assets case, initiated by the DVAC after the AIADMK assumed power in 2011.

The acquittal was based on the prosecution’s failure to establish the charges beyond a reasonable doubt. Challenging this acquittal, the DVAC filed an appeal in 2017 before the High Court, alleging that the DMK leader had amassed ₹1.36 crore in assets disproportionate to his known sources of income.

Earlier 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.

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.

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.

BJP Tamil Nadu leader commenting on the recent judgement said “One DMK Minister without portfolio is already in Prison on charges of Corruption & the Higher Education Minister of TN, Thiru Ponmudi, is today convicted by the Madras High Court on Corruption charges. Incidentally, I.N.D.I. Alliance, the coming together of corrupt & dynasts, is meeting today & the TN CM is attending the meeting while people in South TN are battling for their lives.

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