NEW DELHI: The Supreme Court docket on Monday applauded a Madras excessive court docket choose for reopening on his personal a disproportionate property case during which Tamil Nadu greater schooling minister Ok Ponmudi and his spouse have been acquitted by the trial court docket in June this yr.
“Thank God we’ve judges like Justice Anand Venkatesh in our system. Take a look at what the chief justice (of the excessive court docket) did. He transferred the trial from one district to a different district? The place does the chief justice get that energy? And the trial led to an acquittal,” remarked a bench, led by Chief Justice of India Dhananjaya Y Chandrachud.
Refusing to entertain petitions filed by Ponmudi and his spouse, the court docket stated that justice Venkatesh listed detailed the explanation why he initiated the prison revision case in opposition to Ponmudi’s latest acquittal on his personal.
“To my thoughts the choose is totally proper. It’s an accurate order…Thank God for the establishment that we’ve judges just like the one listening to this case,” the bench, which additionally included justices JB Pardiwala and Manoj Misra, informed senior counsel Kapil Sibal and Mukul Rohatgi, showing for the minister and his spouse.
Whereas Sibal and Rohatgi attacked justice Venkatesh’s order on procedural grounds, the bench stated that every one the arguments referring to the process resorted to by the choose must be argued by them after showing earlier than the excessive court docket.
“He has issued discover to you and the extra public prosecutor. You may argue every little thing there,” stated the bench, recording in its order that it’s not inclined to entertain the petitions at this stage.
This disproportionate asset case in opposition to Ponmudi and his spouse pertains to a interval between 1996 and 2001 when he served because the transport minister within the then Dravida Munnetra Kazhagam (DMK) authorities. He was accused of buying properties and assets that have been disproportionate to his recognized sources of revenue throughout this era. The case was registered by the Directorate of Vigilance and Anti-Corruption (DVAC) when the AIADMK was in energy. A trial court docket and the excessive court docket had initially exonerated Ponmudi, however the Supreme Court docket put aside the discharge orders in 2014, stating that the court docket had improperly appraised the proof at that stage. The costs have been framed in opposition to Ponmudi and others in 2015.
Following an administrative approval granted by chief justice Munishwar Nath Bhandari final yr, the trial in opposition to the minister was moved from Villupuram to Vellore the place Ponmudi and his spouse have been acquitted on June 28.
By an order on August 10, justice N Anand Venkatesh reopened the prison case in opposition to the acquittal of the minister and his spouse on his personal movement, stating that all the narrative resulting in the acquittal “reveals a stunning and calculated try to control and subvert the prison justice system”.
The choose additionally recalled the acquittal order handed by principal district choose at Vellore, N Vasanthaleela (since retired), opining that the switch within the matter was a calculated try to control and subvert the prison justice system.
“The doubtful and curious means of switch adopted by the trial and judgment of the Principal District Decide, Vellore, are wholly unlawful and are nullities within the eyes of regulation. These illegalities have come to my discover…I discover that there’s a calculated try to undermine and thwart the administration of prison justice,” justice Venkatesh stated in his August 10 order.
Subsequently, justice Venkatesh went on to train suo motu revision powers to revive instances in opposition to a number of different Tamil Nadu ministers, who have been both discharged or acquitted in corruption instances. He additionally reopened a disproportionate property case in opposition to former chief minister and AIADMK chief O Panneerselvam. Following a change of the roster, justice Venkatesh has been transferred to the Madurai bench.
On Monday, the Vellore trial choose, Vasanthaleela, additionally appeared in a petition filed individually to problem the remarks made in opposition to her by justice Venkatesh. Senior advocate and former Orissa excessive court docket chief justice S Muralidhar represented her within the matter as he asserted that she has had a totally unblemished file” and that the aspersions have been forged on her with out giving her a chance to be heard. The bench disposed of Vasanthaleela’s petition by giving her the freedom to current her aspect of the story by means of a written communication to the excessive court docket.