A Raj Bhavan release said Chief Minister Stalin recommended to Governor RN Ravi to allot the portfolio held by Ponmudy to Rajakannappan.
Published Dec 21, 2023 | 5:07 PM ⚊ Updated Dec 21, 2023 | 5:07 PM
RS Rajakannappan with CM Stalin. (X)
Consequent to K Ponmudy’s disqualification following his conviction, the portfolio of higher education held by him was, on Thursday, 21 December, allotted by Chief Minister MK Stalin to Minister for Backward Classes Welfare, RS Rajakannappan.
Earlier on Thursday, the Madras High Court 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.
A Raj Bhavan release said that Chief Minister Stalin recommended to Governor RN Ravi to allot the portfolio held by Ponmudy to Rajakannappan. The Governor has approved the recommendation of the Chief Minister, the release added.
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.
The move comes as a jolt to MK Stalin-led government in Tamil Nadu. Another minister Senthil Balaji, who has been allowed to continue in the Cabinet without a portfolio, is already in the Enforcement Directorate’s custody in a money laundering case.
Justice G Jayachandran of Madras High Court sentenced Ponmudy and his wife P Visalakshi to three years of simple imprisonment and imposed a fine of ₹50 lakh each.
Senior counsel NR Elango, also a Rajya Sabha MP of the DMK, appearing for the accused, prayed the court to grant leave to enable them to file a Special Leave Petition before the Supreme Court and also to suspend the sentence.
The court has given both convicted persons 30 days to surrender and approach the Supreme Court for remedies. Justice Jayachandran also said that an extension on the time may be considered at a later date.
According to the advocate, the court convicted the minister and his wife, only because Visalakshi did not file her IT returns properly.
After the hearing, TRB Rajaa, Minister for Industries, took to X to share what the counsel said.
After the hearing, 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.'”
According to DT Next, the advocate said that their priority would be extending the bail beyond 30 days. He also said they have faith that they will secure the acquittal on appeal in the Supreme Court.
He added, “This is entirely a matter of law. We will present all this in the Supreme Court.”
“நீதிபதி ஜெயச்சந்திரன் அப்பழுக்கற்றவர், சந்தேகங்களுக்கு அப்பாற்பட்டவர். ஆனால், *** அதிமுக ஆட்சியில் சட்டத்துறை செயலாளராக இருந்துள்ளார் ***. திரு பொன்முடி வழக்கில் சொத்துகள் முடக்கும் கோப்புகளை கையாண்டுள்ளார். இதனை #LatentBias என சட்ட முறையில் கூறுவார்கள்.
இதை நாங்கள்…
— Dr. T R B Rajaa (@TRBRajaa) December 21, 2023
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.
On Tuesday, The Hindu reported that Justice G Jayachandran allowed a state government appeal preferred in 2017 and set the 18 April 2016 order passed by a special court for Prevention of Corruption Act cases in Viluppuram acquitting both the accused — Ponmudy and his wife — from the case.
The judge ruled that the trial court erred in acquitting the accused without properly analysing the prosecution’s case.
