SC dismisses Tamil Nadu Higher Education Minister's plea against HC on revision in D A case

New Delhi: The Supreme Court on Monday dismissed a plea filed by Tamil Nadu's Higher Education Minister K Ponmudi and his wife against Madras High Court's August 10 suo motu revision order against their acquittal in a disproportionate assets case.

"Thank God! We have judges like Justice N Anand Venkatesh in our institution of judiciary," a bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra said.

The bench said, "Since the matter is pending before a single judge bench, we are not inclined to entertain the matter."

It is open for the accused to raise all their objections before the High Court, the bench said.

Senior advocates Kapil Sibal and Mukul Rohatgi appeared for the petitioners. They questioned the validity of the HC's order, contending it was passed without issuing notice to them.

Advocate Balaji Srinivasan, who appeared for AIADMK, contended a similar plea has also been filed by Doctorate of Vigilance and Anti-Corruption, which should also be dismissed.

The court, however, said since DVAC is not represented here and the petition is in defects, let it come in usual course.

Advocate Prashant Bhushan, also for the opposite side, contended the state government is shockingly in collusion with the accused. He asked the top court to issue a direction for appointment of amicus curiae.

The court, however, said a notice has already been issued by the public prosecutor by the HC.

The court also asked senior advocate and former Chief Justice of Orissa HC S Muralidhar, who appeared for retired judge N Vansantheela against the adverse remarks made by the HC against the judicial officer, to delete certain objectionable portion of her petition, highlighted by advocate Srinivasan.

The bench inquired from the counsel about the adverse and prejudicial pleadings in the petition against Justice Venkatesh and proceeded to delete it.

In his order, Justice N Anand Venkatesh acted suo motu stating that events leading to the acquittal order passed by the Vellore principal district court on June 28 revealed "a shocking and calculated attempt to manipulate and subvert the criminal justice system".

The judge further noted, "The dubious and curious process of transfer followed by the trial and judgment of the Principal District Judge, Vellore, are wholly illegal and are nullities in the eyes of law. These illegalities having come to my notice, I have decided to exercise my powers under under Section 397 & 401 Code of Criminal Procedure and Article 227 of the Constitution suo motu as I find that there is a calculated attempt to undermine and thwart the administration of criminal justice".

The matter related to amassing of wealth disproportionate assets by Ponmudi between 1996 and 2001 during his tenure as Transport Minister.

Justice Venkatesh had taken suo motu revisions in several criminal matters, involving sitting and former ministers.