Breaking | Madras High Court Sets Aside Discharge Of Ministers KKSSR Ramachandran & Thangam Thenarasu In Disproportionate Assets Case
Upasana Sajeev
7 Aug 2024 5:22 AM GMT
The Madras High Court on Wednesday set aside the discharge of Ministers KKSSR Ramachandran and Thangam Thenarasu in disproportionate assets case.
Justice Anand Venkatesh reversed the discharge of the ministers and directed them to appear before the Special Court. Finding that there was prima facie material to proceed with the trial, the court directed the special court to frame charges and proceed with the trial expeditiously on a day-to-day basis.
Copy of detailed judgment is awaited.
The allegation against Ramachandran is that he, along with his wife and friend accumulated wealth disproportionate to his sources of income while serving as a Minister for Health and later as Minister for Backward Classes in the DMK regime between 2006 and 2011. On a preliminary inquiry, DVAC found that a prima facie case was made out and the Minister and his wife were booked under the Prevention of Corruption Act.
In July 2023, DVAC however filed a final report saying that no offences were made out and accepting this, the Special Court discharged the Minister.
The allegation against Thangam Thenarasu is that while serving as a Minister for school education during the DMK regime from 2006-2011, he and his wife amassed disproportionate assets. Based on searches conducted in his residence in Virudhunagar and Chennai, a case was filed by the DVAC under PCA. However, after taking note of a final report saying that no offence was made out, the Special Court discharged him too in December 2023.
While taking suo motu cognisance against the orders of their discharge in August last year, Justice Venkatesh noted that the approach of the special court was ex-facie illegal and that the court had no power to discharge the accused without assigning any reason. He added that the court had failed to give an independent reasoning in the order of discharge and was “literally playing the role of lady justice by blindfolding itself”.
Both KKSSR Ramachandran and Thangam Thenarasu defended their acquittal and argued that the investigation was initiated against them in a tainted manner with a biased mind which violated their fundamental rights. The Ministers also submitted that the Magistrate had discretion to look into the reports submitted by the prosecution, both positive and negative, and arrive at his decision.
