"A Manifest Illegality By A Criminal Court"- Madras HC's Scathing Remarks As It Takes Up Suo Moto Revision Of DMK Minister Ponmudy's Acquittal From DA Case

In an order detailing the reasons for taking up suo moto revision of the judgement of Vellore principal district court acquitting Higher Education minister K Ponmudy and his wife in a disproportionate assets case, Justice N Anand Venkatesh of the Madras High Court came down heavily on the nature of the trial conducted by the judge, N Vasanthaleela.

Some of the observations made by Justice Venkatesh were “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.

"These illegalities having come to my notice, I have decided to exercise my powers under under Section 397 & 401 Code of Criminal Procedure and Article 227 of the Constitution suo motu as I find that there is a calculated attempt to undermine and thwart the administration of criminal justice.”

The illegalities mentioned here are an injunction placed on hearing by the Principal District Judge Villupuram and the subsequent transfer of the case to Vellore after a letter written by two High Court judges was approved by the then Chief Justice of the Madras High Court.

The order stated that when a manifest illegality committed by a criminal court comes to the notice of a constitutional court, it is the duty of the constitutional court to set it right so that people retain faith in the criminal justice system.

He also wrote that the judge had gathered the evidence from 172 prosecution witnesses and 381 documents in a span of four days to deliver the judgement just a couple of days before retirement.

About the speed with which the case proceeded, he referred to a well-known statement by author Paulo Coelho, “When you want something, all the universe conspires in helping you to achieve it.”

"This unique feat of industry on the part of the Principal District Judge, Vellore, can find few parallels, and it may well be said is a feat that even judicial mortals in constitutional courts can only dream of ", wrote Justice Venkatesh.

The Court also ordered notice to be issued to the accused and a hearing has been scheduled for 7 September.

Ponmudy and his wife had been accused of amassing disproportionate assets to the tune of Rs 1.4 crore during his tenure as Transport minister between 1996-2001.

Also Read: 'DMK Minister Ponmudy And His Son Laundered Proceeds Of Illegal Sand Mining To Purchase Companies In Indonesia And UAE', Says ED