In a move that has sent ripples in judicial and political circles, Madras High Court judge, Justice Anand Venkatesh has issued an order declaring approval given by the former Chief Justice of the Madras High Court transferring Tamil Nadu Minister K Ponmudy’s disproportionate assets (DA) case from Villupuram district court to Vellore district court as illegal. The judge has also questioned the way in which the District Court judge hurriedly wrapped up the case in just four days and termed it a calculated attempt to manipulate and subvert the criminal justice system.
In a strongly worded order, on Thursday, August 10, Justice Anand Venkatesh has ruled that no such power exists or has been shown to exist either by law or by convention to transfer the case from one district to another. Minister K Ponmudy and his wife were acquitted by the Vellore court on June 28.
A scathing 17-page order by Justice N Anand Venkatesh has sparked a legal debate, as it vehemently states that two judges on the administrative side have no authority to transfer a pending criminal case from one district to another, that too by way of an administrative note. “The Administrative Judges note 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-use in law," read the order.
The case was registered against Tamil Nadu Higher Education Minister K Ponmudy and his wife Visalakshi in 2002 by the Directorate of Vigilance and Anti-Corruption (DVAC). Explaining the reasons for taking up the case suo-moto, Justice Anand Venkatesh says that it was brought to his attention that substantial proceedings were conducted by the Principal District Court, Villupuram and that at the fag end, the case came to be transferred to the file of the Principal District Court, Vellore. “This Court felt that there is something seriously amiss about the procedure adopted in transferring the case to a different Court and that too at the fag end of the trial,” the judge says in his open remarks in the order.
Elaborating on the chronology of events Justice Anand Venkatesh highlights how the Principal District Judge Villupuram, on April 26, wrote a letter to the High Court requesting permission to conduct a special sitting on May 2–6, 2022, to expedite the case. A month after the request, on June 7, 2022, the Madras High Court rejected the request and also restrained the Principal District Judge, Villupuram, from exercising his judicial powers by virtue of an official memorandum.
Later in July 2022, the then administrative judges of Villupuram sent a note directing them to transfer Minister K Ponmudy’s case from Villupuram to Vellore's principal district judge. The note was placed before the then Chief Justice of the Madras High Court for approval, and the case was transferred. The judge heard the case once in October 2022, once each in January, February and April 2023.
The case that had been lingering on for years, saw hectic activity in June 2023. The final arguments in the DA case were made by way of written submissions on June 23, and within a span of four days, the Principal District Judge, Vellore, wrote a 226-page judgment acquitting Minister K Ponmudy and his wife on June 28, 2023. The Principal District Judge retired from service two days after delivering the judgement acquitting the Minister.
Taking note of the shocking sequence of events, in his order, Justice Anand Venkatesh says, “Within 4 days, the Principal District, Vellore marshalled the evidence of 172 prosecution witnesses and 381 documents and managed (or rather stage-managed) to deliver a 226-page testament/judgment acquitting all the accused. 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.”
“The narrative reveals a shocking and calculated attempt to manipulate and subvert the criminal justice system. The dubious and curious process of transfer (of the case) followed by the trial and judgement of the Principal District Judge, Vellore, are wholly illegal and are nullities in the eyes of law,” he further said.
Justice Anand Venkatesh has also raised a barrage of questions on the role of the High Court in restraining the Villupuram Principal Judge from hearing the corruption case that has been pending for years. The Judge asks, “Where did the High Court get the power to restrain the Villupuram Principal District Judge from proceeding with the case, and what was the tearing hurry? In any event, the use of an official memorandum to restrain a Principal District Court from exercising judicial functions is something unheard of,” Justice Anand Venkatesh added.
Questioning the Master of Roster powers vested with the Chief Justice, the judge further said that the approval granted by the Chief Justice on July 8, 2022, to transfer the case from one district to another has no legal value. “The Chief Justice is the Master of Roasters vis-à-vis the Benches in the High Court. It does not follow that the Chief Justice enjoys administrative power to transfer a criminal case pending in the District Court to another District. No such power exists or has been shown to exist either by law or by convention. Consequently, the approval of the Honourable Chief Justice on July 8, 2022, does not clothe the note of the Administrative Judges with any legality,” he added.
The Madras High Court has issued notices to the Tamil Nadu Government and Tamil Nadu Minister K Ponmudy and his wife, who are accused in this disproportionate assets case. The case has been listed for the next hearing on September 7.