Portfolio Changes In Madras High Court : Judge Who Suo Motu Reopened Acquittals Of Politicians Shifted To Madurai Bench

Justice Venkatesh, who was in charge of dealing with criminal appeals and writ petitions relating to criminal cases involving sitting and former MPs and MLAs, will now be handling cases relating to mines and minerals, land laws, RTIs, Freedom Fighters’ Pension Scheme, Agriculture Procedure Market, and other miscellaneous matters. The portfolio that was handled by Justice Venkatesh will now be handled by Dr. Justice G Jayachandran.

Apart from Justice Venkatesh, Justice SM Subramaniam has also been shifted to the Madurai Bench. Justice Subramaniam, who was previously dealing with cases relating to land law including those relating to patta and other issues, will now be sitting with Justice V Lakshminarayan and taking up division bench writ petitions. His previous portfolio will be handled by Justice P Velmurugan. In his recent orders, Justice Subramaniam had called for legislation against land grabbing and had even directed DMK MP and BJP MLAs to vacate/return government lands that they are accused of encroaching.

In another pertinent judgment, Justice Subramaniam had also observed that 'Love and Affection' were implied considerations for the transfer of property by senior citizens and they could reclaim the property if neglected by children even in the absence of a specific clause to that effect.

The bench of Justice M Sundar and Justice R Sakthivel, which was previously dealing with Habeas Corpus petitions along with criminal appeals, other criminal cases, criminal contempt cases, and division bench matters relating to cases involving sitting and former MPs and MLAs has also been shifted to the Madurai bench where it'll be dealing with PILs, criminal contempt, HCPs and all criminal appeals and other criminal cases. The earlier portfolio of the bench will now be handled by the bench of Justice SS Sundar and Justice Sunder Mohan. 

Other judges who have been given portfolios in the Madurai bench are Justice RMT Teeka Raman, Justice PB Balaji, Justice G Chandrasekharan, Justice V Sivagnanam and Justice R Kalaimathi. Meanwhile Justice Bharatha Chakravarthy, Justice MS Ramesh, Justice M Nirmal Kumar, Justice Anita Sumanth, Justice Krishnan Ramasamy, Dr. JusticeD Nagarjun, Justice K Govindraj Thilakavadi, Justice P Dhanabal and Justice C Kumarappan who were holding portfolios in the Madurai bench have now been shifted to the Principle bench.  

Justice Venkatesh created furore when in August this year he decided to take up suo moto revision against the acquittal of Tamil Nadu Higher Education Minister K Ponmudi and his wife in a disproportionate assets case. Justice Venkatesh went on to observe that there was something “amiss” in the order of acquittal by the District Court, Vellore. He criticized the administrative order made by the High Court transferring the trial from District Judge at Villupuram to District Judge at Vellore calling it "ex-facie illegal and non-est in the eye of law". He called the entire proceeding a “shocking and calculated attempt to manipulate and subvert the criminal justice system”.

After Ponmudi, Justice Venkatesh took up suo moto revisions against the acquittal and discharge of Tamil Nadu Revenue Minister KKSSR Ramachandran, Finance Minister Thangam Thenarasu, Former Chief Minister O Paneerselvam, former Backward Class and Minority Welfare Minister B Valarmathi and present Rural Development Minister of Tamil Nadu I. Periyasamy.

Calling it an “institutional problem”, the Judge also lamented that the Directorate of Vigilance and Anti-Corruption, which was expected to be independent was now becoming a chameleon and changing colour with the changing government. The Judge had made these remarks after observing a trend in all the cases where the DVAC, who had initially started the prosecution against the Ministers had then given clean chits to the very same Ministers after a change in the political scenario of the State.

After the suo moto revisions were taken up, the Ministers and DVAC requested a recusal on the basis of apprehension of bias. However, this request was dismissed by the Judge who even wondered how the State, which would have been the beneficiary of the suo moto revisions against acquittal/discharge claim an apprehension of bias.

Justice Venkatesh’s actions have received much appreciation from the legal fraternity. Retired Madras High Court judge, Justice V Parthiban called it “rare courage”,” boldness” and “imagination to bare the system one sat over” while Justice K Chandru(Retd) called Justice Venkatesh’s actions legal though unusual.

However, the decisions of Justice Anand Venkatesh received political backlash. Former DMK MP RS Bharathi, while addressing the media, had even gone on to say that the Judge was biased, partial, and acting with a malafide intention and casting aspersions against the functioning of the court.

When lawyers urged the judge to take up a suo motu contempt case against Bharathi, refused to initiate any such action by saying that he had a better job to do- to take care of every litigant before him. He also said that though people could give multiple interpretations to his actions, his conscience was clear and that the court must be prepared to face this. However, recently, Youtuber and political commentator A Shankar alias Savukku Shankar has approached the court to initiate criminal contempt proceedings against Bharathi saying that Bharathi’s remarks had interfered with the due course and administration of justice. The matter is yet to be heard.