'It definitely will not be a setback to the DMK. Even in the judgment, it is not that adverse,' DMK organisational secretary RS Bharathi said
Published Dec 22, 2023 | 1:54 PM ⚊ Updated Dec 22, 2023 | 1:54 PM
Former Tamil Nadu Minister Ponmudy. (X)
The sentencing of K Ponmudy, who held the Higher Education portfolio, to three years in jail in a disproportionate assets case, has come as a year-end shocker to the ruling DMK, which on Thursday, 21 December, downplayed it as “not a setback”.
The Madras High Court convicted and sentenced K Ponmudy and his wife to three years of simple imprisonment in a disproportionate assets case.
The conviction automatically disqualifies Ponmudy as a legislator and, in turn as, a minister. The conviction is expected to be challenged by the DMK leader in the Supreme Court. The Madras High Court has given him 30 days to do so.
The sentence delivered by the Madras High Court comes nearly six months after Minister V Senthil Balaji was arrested by the enforcement directorate in connection with a money laundering case. He continues to serve as a minister without portfolio.
“It definitely will not be a setback to the DMK. Even in the judgement, it is not that adverse,” DMK organisational secretary RS Bharathi said, reacting to the pronouncement.
“There’s a technical issue in this case. We will go on an appeal before the Supreme Court and will get over it,” Bharati told PTI when his comments were sought.
After the hearing, Advocate Elango, speaking to the press said, “Judge Jayachandran was the legal secretary in the AIADMK regime and handled the asset freeze files in Mr Ponmudy’s case. This would be called ‘Latent Bias’ in legal terms.”
He further said that they did not know of it till Wednesday, and when “we took this to the judge, he said, “Even if you had told me then, I would not have withdrawn from the case.’”
Contending that the sentencing may be a setback to Ponmudy, as an individual, DMK spokesperson and a lawyer, Saravanan Annadurai said, “Ponmudy is strong and the DMK legal wing is confident of presenting its case in the Supreme Court.”
“The judgement is flawed and we will be able to demonstrate this in the apex court and get an acquittal,” he said.
When asked if the conviction would affect the party’s prospects in the Lok Sabha elections early next year, Saravanan said, “AIADMK supremo J Jayalalithaa was convicted in the TANSI land deal (and lost her position in 2001) and was sent to prison in 2015. But the next year, the AIADMK came to power. The same applies to the DMK, and its minister as well.”
Reacting to the judgement, former MLC and BJP national co-incharge of Tamil Nadu, Ponguleti Sudhakar Reddy said, “With a minister without a portfolio in jail and another minister joining him shows the Dravidian model of governance in Tamil Nadu. People will reject the corrupt DMK in the Lok Sabha election.”
Following the latest development, Chief Minister and DMK president MK Stalin allotted the Higher Education Portfolio to Backward Classes Welfare Minister RS Rajakannappan.
Ponmudy, before he was disqualified, held the portfolio of higher education, which includes subjects like science and technology.
In addition to the portfolio of Backward Classes Welfare, Most Backward Classes Welfare and Denotified Communities Welfare, Rajakannappan will now also handle higher education.
The Governor has also approved the recommendation of the Chief Minister to allot the subject of Khadi and Village Industries Board, looked after by Rajakannappan, to R Gandhi, Minister for Handlooms and Textiles.
Ponmudy was the minister of transport in the DMK government between 13 May 1996 and 30 September 2001.
The minister allegedly acquired and came into possession of properties and other pecuniary resources — in his name and the names of his wife and sons — that were disproportionate to his known sources of income.
An FIR was registered by the Cuddalore village Anti-Corruption Department on 14 March, 2002, under Section 109 of the IPC read with Sections 13(1)(e) and 13(2) of the Prevention of Corruption Act of 1988 against Ponmudy (accused number 1, or A1), his wife Visalakshi (A2), his mother-in-law P Saraswathi (A3), and friends A Manivannan (A4) and A Nandagopal (A5).
After completion of the investigation, Cuddalore’s DSP of Vigilance and Anti-Corruption submitted a final report against the accused before the chief judicial magistrate-level special judge in Viluppuram. The case was thereafter taken on file as Special Case 3 of 2003.
The case was transferred to Viluppuram’s principal district judge (in the Designated Special Court for the Trial of Criminal Cases relating to elected members of Parliament and members of the Legislative Assembly of Tamil Nadu).
On 28 June, 2023, the special court acquitted Ponmudy and others in the case.
In August 2023, the Madras High Court, for the first time in judicial history, took up a suo motu case against an order passed by a special court for the cases relating to MPs and MLAs.
The special court had earlier acquitted Tamil Nadu Higher Education Minister K Ponmudy and his relatives in a disproportionate assets case.
(With PTI inputs)
