Acquittal In Assets Case: Madras HC Issues Notice To TN Minister Ponmudy In Revision Case Taken Up Suo Moto
The Madras High Court while issuing notice to Tamil Nadu Higher Education Minister K. Ponmudi has said that the public must never get the impression that the Umpire is taking sides lest the whole game is reduced to a farce.
The Court has issued notice to the Minister and his wife based on a criminal revision case which it has taken up on its own with regard to their acquittal by the lower court in an assets related case.
A Single Bench of Justice N. Anand Venkatesh observed, “In Y. Balaji v Karthik Desari, 2023 SCC Online SC 645, the Hon’ble Supreme Court observed: “the investigation and trial of a criminal case cannot be converted by the complainant and the accused into a friendly match. If they are allowed to do so, it is the Umpire who will lose his wicket.” By the same token, the public must never get the impression that the Umpire is taking sides lest the whole game is reduced to a farce.”
The Bench said that where a manifest illegality by a criminal court resulting in gross failure of justice comes to the notice of the High Court, it is its bounden duty as a constitutional court to set right the illegality and to ensure that public confidence in the criminal justice system is maintained.
The notice of the High Court was drawn to a recent judgment that was passed by the Principal District Court based on a transfer order passed on the administrative side of the court. K Ponmudi was the Minister of Transport and a Member of the Tamil Nadu Legislative Assembly between 1996 and 2001 and during the said period, the Minister was alleged to have acquired and come into possession of properties and other pecuniary resources in his name and the names of his wife and sons, which were disproportionate to his known sources of income. An FIR was registered by the Anti-Corruption Department under Section 109 IPC read with Sections 13(1)(e) and 13(2) of the Prevention of Corruption Act, 1988 (PCA).
The case was thereafter taken on file and the prosecution recorded the statements of 228 witnesses and collected 318 documents which were produced before the Special Judge. On appearance, the accused filed pleas under Section 239 of the Cr.PC., to discharge them from the case. The Chief Judicial Magistrate, allowed these petitions. The State of Tamil Nadu assailed these orders before the High Court and by a common order Justice S. Ashok Kumar dismissed the revisions and affirmed the orders of discharge.
The High Court while taking suo motu cognizance of the aforesaid matter noted, “The narrative reveals a shocking and calculated attempt to manipulate and subvert the criminal justice system. Having examined the record, I find that there is not even a speck of legality on anything that has been done on and from 07.06.2022 when the High Court administration injuncted the Principal District Judge, Villupuram from proceeding with the case. The dubious and curious process of transfer followed by the trial and judgment of the Principal District Judge, Vellore are wholly illegal and are nullities in the eyes of law.”
The Court decided to exercise its powers under Sections 397 and 401 of Cr.PC. and Article 227 of the Constitution suo motu as it found that there was a calculated attempt to undermine and thwart the administration of criminal justice.
“It is, therefore, clear that there is no authority either under the Constitution, the Letters Patent or any provision of law authorizing two judges to exercise powers, on the administrative side, to transfer a pending criminal case from one District to another and that too by way of a note. It follows that the note of the Administrative Judges dated 06.07.2022 and 07.07.2022 directing the transfer of the case from Principal District Court, Villupuram to Principal District Court, Vellore is ex-facie illegal and non-est in law”, held the Court.
Accordingly, the High Court directed the Registry to issue notice to the accused for the hearing on September 7, 2023.
Case Number- SUO MOTU Crl.R.C.No.1419 of 2023
