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Synopsis

The Madras High Court today sentenced Higher Education Minister K. Ponmudi, and his wife P. Visalatchi to three years in jail in a disproportionate assets case.

The bench of Justice G. Jayachandran ordered the couple to also pay a Rs 50 Lakh fine and in default, each will have to undergo imprisonment for six months. The court has given 30 days to the parties to surrender.

The couple was convicted by the same single judge bench on Tuesday. Justice G. Jayachandran had then ordered the duo to be present before it for the sentencing. 

As a consequence of this conviction, the Minister is likley lose his ministerial position. 

While overturing the acquittal of the couple in the case, the high court held that the trial court had erred as it had passed the acquittal orders without analysing the prosecution’s case in the right perspective.

The case against the minister and his wife was registered by the Directorate of Vigilance and Anti-Corruption in 2011. K. Ponmudi was the Minister for Higher Education and Mines in the DMK regime from 2006 to 2011.

According to the prosecution, the accused were charged with accumulating Rs 1.79 crore in wealth that was disproportionate to their documented income sources from April 13, 2006, to March 31, 2010. The couple faced legal action for their inability to provide a satisfactory explanation for this discrepancy.

It was the DVAC's case that as of April 13, 2006, Ponmudi and his wife possessed pecuniary resources and properties valued at approximately Rs 2.71 crore, marking the commencement of the scrutiny period. By the conclusion of the examination on March 31, 2010, the couple was found holding pecuniary resources and properties totaling Rs. 6.27 crore.

Upon scrutinizing the combined income, expenditures, and potential savings of both individuals, the DVAC argued that the accused were found to possess pecuniary resources and properties as of March 31, 2010, amounting to Rs 1.79 crore, which were disproportionate to their documented sources of income.

The agency contended that Ponmudi, as a public servant, violated the Prevention of Corruption Act 1988, specifically under Sections 13(2) read with 13(1)(e). Additionally, his wife was accused of abetting and assisting him in obtaining and holding pecuniary resources and properties on his behalf, which were disproportionate to their known sources of income.

In the matter, in 2016, a special court in Villupuram acquitted the duo. Special judge for Prevention of Anti-corruption Act cases T Sundaramoorthy had passed the order.

However, in 2017, the DVAC filed an appeal before the high court, which has now been allowed.

Case Title: STATE REP.BY VS K.PONMUDI DEIVASIGAMANI AND 2 OTHERS