'Something Very Rotten In Special Court': Madras HC Takes Up Another Suo Motu Revision Against Discharge Of Ministers In Disproportionate Assets Case

Days after taking up suo moto revision against acquittal of Tamil Nadu Minister K. Ponmudy in a disproportionate assets case, Justice Anand Venkatesh of the Madras High Court today made critical remarks against the manner in which trial was conducted against State's revenue minister KKSSR Ramachandran and finance minister Thangam Thenarasu in the disproportionate assets case against them. Calling it another instance where the criminal trial is being derailed by persons who are at the helm of political power, Justice Venkatesh said that if the trend goes unchecked, the Special Courts meant for trial of cases against MPs and MLAs will become a playground for all sorts of condemnable practices handcrafted to subvert the criminal justice system. “The person aggrieved here is the criminal justice system of the country. We, as a constitutional court, cannot let that happen. I don’t have anything against any person. But I’ll say that power corrupts everyone. There is a pattern about what is happening and this court has to step in. The normal person should know that this system is not for the powerful or for the person with contact and money but for the layman,” Justice Venkatesh said in court on Wednesday. On examining trial records, he added that the Special Court at Srivilluputhur seemed to have “acted in tandem" to reduce the administration of criminal justice to a complete farce and that something is "very rotten" in the Special Court.The allegation against Ramachandran is that he, along with his wife and friend accumulated wealth disproportionate to his sources of income while serving as a Minister for Health and later as Minister for Backward Classes in the DMK regime between 2006 and 2011. On a preliminary inquiry, DVAC found that a prima facie case was made out and the Minister and his wife were booked under the Prevention of Corruption Act. In July 2023, DVAC however filed a final report saying that no offences were made out and accepting this, the Special Court discharged the Minister. The allegation against Thangam Thenarasu is that while serving as a Minister for school education during the DMK regime from 2006-2011, he and his wife amassed disproportionate assets. Based on searches conducted in his residence in Virudhunagar and Chennai, a case was filed by the DVAC under PCA. However, after taking note of a final report saying that no offence was made out, the Special Court discharged him too in December 2023.While the Court remarked that the accused, the prosecution and the Special Court appear to have acted in tandem, Advocate General R Shumughasundaram, however, requested it not to stigmatize the officers of the DVAC without hearing them. The judge also said that a pattern was being observed in both discharge orders. However, AG submitted that courts often use boilerplate language. He added that though the suo moto would normally go to a different court, he wanted to make the submissions before Justice Venkatesh so that the court could appreciate the State's stand. Self-Destruction Of Prosecution Case The court noted that in both the cases Final reports had already been filed and the discharge petitions filed by the accused persons were kept pending for a long time. The court noted that initially the matter was dragged in connection with the Appointment of Special Public Prosecutor and later for hearing the arguments in discharge petition. “It is also seen from the records that the learned counsel for the accused commenced marathon piecemeal hearings for over one year in the discharge petitions from 20.03.2020 till 09.04.2021. The Special Court appears to have liberally heard the discharge petition in instalments for over a year. Through the aforesaid collaborative effort of all concerned, the matter was successfully dragged on till the assembly elections in May 2021. In May 2021, there was a change in guard in the State and A1 was back in the saddle as the incumbent Minister for Disaster and Revenue Management. The stage was now set for the prosecution to self-destruct,” the Judge observed in Ramachandran’s case. Similar observation was made in Thenarasu’s case also. The court noted that while the hearing in discharge petition was pending, the Inspector of Police, Vigilance and Anti-Corruption submitted an intimation for further investigation under Section 173(8) CrPC in which he said that based on new facts and documents produced by the accused in his discharge petition, further investigation was warranted in the interest of justice. The court further observed that accepting this stand, the Special Court, through an incomprehensible order allowed such further investigation. “According to the Special Court “criminal ethics this court arriving at the truth as do real and substantial justice as well as effective justice to further investigation and supplement final report.” The Special Court ought to have known that...

'Something Very Rotten In Special Court': Madras HC Takes Up Another Suo Motu Revision Against Discharge Of Ministers In Disproportionate Assets Case

Upasana Sajeev

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