Madras High Court Impleads Registrar General In Suo Motu Revision Petitions Against Acquittal Of Minister K Ponmudi

Justice G Jayachandran observed that since the single judge had questioned the procedure adopted in transferring the case to a different Court which was essentially an administrative order, the Registrar General was a necessary party.

“Several issues have cropped up during the course of hearing, particularly regarding the powers of Port-Folio Judges transferring case pending before one Sessions Division to another Sessions Division on the administrative side. Hence for proper adjudication of the issue, the Registrar-General of the High Court of Madras is a necessary party and therefore, the above two Criminal Miscellaneous Petitions to implead the Registrar-General, High Court of Madras as the fourth respondent, is allowed,” the court observed.

In August this year, Justice Anand Venkatesh exercised suo motu revision powers and held that the transfer of trial against Ponmudi and his wife from one district to another at the end of the trial was ex-facie illegal and non-est in the eye of the law.

Justice Venkatesh had observed that the law did not give authority to the High Court administration to transfer a pending criminal case from one district to another, either under the Constitution or the Letter Patent. The judge had even remarked that there was a shocking and calculated attempt to manipulate and subvert the criminal justice system.

Though this order was challenged before the Supreme Court, the Apex Court refused to interfere with the order and even went on to appreciate Justice Anand Venkatesh. The Chief Justice also remarked that there was no administrative power to transfer trial but only a judicial power existed.

The Apex court had also allowed the retired sessions judge against whom the single judge had made adverse remarks to submit a response to the adverse observations in the suo moto revision petitions to the Registrar General.

Justice Jayachandran agreed with Senior Advocate NR Elango appearing for Ponmudi and observed that the transfer order passed by the High Court transferring the trail from Villupuram to Vellore was essentially an order passed on the administrative side of the High Court. Thus, noting that the Registrar General was a necessary party the court impleaded the Registrar General and asked him to reply to the plea by December 12. The court also allowed Ponmudi's plea to get a copy of the response of the Judicial Officer noting that the same was necessary for Ponmudi to represent effectively.

Case Title: Suo Moto RC v. Vigilance and Anti Corruption wing

Case No: CRL RC 1419 of 2023