Madras High Court Directs DMK Ministers to Face Trial in Disproportionate Assets Case, Overturns Discharge

The Madras High Court in a crucial judgement has overturned the discharge of Tamil Nadu ministers KKSSR Ramachandran and Thangam Thennarasu in disproportionate assets cases.

This decision marks a significant development in the long-running legal battles, which have seen numerous twists over the years.

Justice N Anand Venkatesh, in his ruling, allowed two suo motu criminal revision petitions, directing the ministers and their family members to face trial in the special court designated for cases involving Members of Parliament and the Legislative Assembly.

The cases were originally registered against the ministers and their associates in 2011 and 2012 during the All India Anna Dravida Munnetra Kazhagam (AIADMK) government led by then Chief Minister J Jayalalithaa.

The ministers were accused of amassing wealth disproportionate to their known sources of income during their previous tenures in the Dravida Munnetra Kazhagam (DMK) government.

The revision petitions were initiated by the High Court itself as per a report by The Indian Express.

Ramachandran, who served as Minister for Health and later as Minister for Backward Classes, and Thennarasu, the current finance minister, initially faced significant opposition from the Directorate of Vigilance and Anti-Corruption (DVAC).

In July 2023, a special court for MP/MLA cases discharged Ramachandran, his wife R Adhilakshmi, and their associate KSP Shanmugamoorthy, accepting a closure report by the investigating officer, which concluded that no offence had been established.

Justice Venkatesh's ruling closely examined the procedural and substantive aspects of the case, noting that the special court's discharge decision was influenced by a supplementary report filed by a subsequent investigating officer following a change in the state’s political leadership in 2021.

The High Court also pointed out several discrepancies and procedural lapses in the supplementary investigation, suggesting that it was crafted to benefit the accused, given the previously established "shady transactions" involving large sums of money routed through various accounts to obscure their origins.

Justice Venkatesh stringently criticised the misuse of statutory power for further investigation, noting the stark contradiction between the earlier findings and the subsequent investigation, which overturned the disproportionate assets allegations without a credible basis.

The judge further instructed the accused to appear before the special court and post a bond under Section 88 of the Code of Criminal Procedure. He also ordered that the trial be conducted on a day-to-day basis and concluded as quickly as possible.