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Synopsis

Following the suo motu criminal revision case against acquittal of Tamil Nadu Minister Ponmudy and his wife in a case of 2002 involving alleged disproportionate assets, the Madras High Court recently initiated two more suo motu criminal revision cases against discharge of incumbent Minister for Revenue and Disaster Management K.K.S.S.R Ramachandran, his wife Adhilakshmi and Electricity Minister Mr.Thangam Thennarasu and his wife T.Manimegalai in two different disproportionate assets cases.

Justice N Anand Venkatesh, who holds the portfolio for MP/MLA cases in the high court, said that the discharge orders in both cases involving the Ministers revealed a well-orchestrated pattern.

He noted that in both the cases, the Special Court had taken cognizance of the final reports in 2013/14. Discharge applications were filed, and the cases were adjourned for months and years on end till 2021. In 2021, the accused persons became Ministers in the State Cabinet and a few months thereafter the State prosecution very magnanimously came forward and offered to conduct “further investigation”. The product of this “further investigation” was a “closure report” tailored to support the grounds for discharge. 

"The Special Court was then presented with a perfect fiat accompli as the prosecution suddenly whitewashed its earlier final report and presented a picture of complete innocence. On its part, the Special Court accepted the closure report and proceeded to discharge the accused", the judge pointed out. 

Taking note of the facts of the case, Justice Venkatesh said, "Something is very rotten in the Special Court for MP/MLA Cases at Srivilluputhur".

Ramachandran allegedly amassed disproportionate wealth as Health and Backward Classes Minister during the 2006-2011 DMK regime, along with his wife and friend. The DVAC initially booked them under the Prevention of Corruption Act but later, in July 2023, it filed a final report citing no established offenses and accepting this, the Special Court discharged the Minister.

During his tenure as the school education Minister in the 2006-2011 DMK regime, Thangam Thenarasu and his wife allegedly amassed disproportionate assets. The DVAC filed a case under PCA after searches at his residences in Virudhunagar and Chennai. Nonetheless, a final report indicating no offense led to his discharge by the Special Court in December 2023.

Justice Venkatesh held that the aforesaid narrative revealed a sorry picture. "The three stakeholders viz., the accused, the prosecution and the Special Court have acted in tandem to reduce the administration of the criminal justice system to a complete farce," he underscored. 

Therefore, while pointing out the illegalities of the discharge orders in both cases, Justice Venkatesh opined that in both cases, excercising the powers of revision under Article 227 of the Constitution and Sections 397 and 401 of CrPC was appropriate to avert any miscarriage of justice.

Consequently, the court issued notice to the accused individuals and posted the matter for further hearing on September 20, 2023.

Case Title: Suo motu case against State, Thiru.K.K.S.S.R.Ramachandran and Others; Connected suo motu case against State, T.Thennarasu @ Thangam Thennarasu and T.Manimegalai