Discharge of two heavyweight DMK ministers in assets case set aside; HC orders retrial

Madras High Court


In a major setback for the ruling Dravida Munnetra Kazhagam (DMK), the Madras High Court, on Wednesday, set aside the discharge of Finance Minister Thangam Thennarasu and Revenue Minister KKSSR Ramachandran in two separate Disproportionate Assets cases against them.

Reverting the cases to the special court for cases under the Prevention of Corruption Act (PCA), Justice N Anand Venkatesh said, “As prima facie materials are available to frame charges, the special court shall proceed to frame charges, and thereafter proceed in accordance with law.”

Further, he directed that the trial in the cases be conducted expeditiously on a day-to-day basis and disposed of as early as possible.

Restoring the two cases on file before the Principal District and Sessions Court at Srivilliputur in Virudhunagar district, the judge dismissed the discharge petitions of the two ministers and ordered that the closure report filed by the vigilance directorate should be considered as a ‘supplementary report’.

In his separate orders, the judge directed Ramachandranto appear before the special court on September 9, in the case while Thennarasu had been told to appear on September 11. All the accused in the two cases have to appear along with the duo as their discharge too has been set aside.

Interestingly, it was Justice Anand Venkatesh, the portfolio judge for cases against MPs and MLAs in trial courts, had initiated suo motu revision of the cases against the two DMK heavy weights on finding grave discrepancies in the manner in which they were discharged by the trial court. While the case was filed during the previous AIADMK regime, after the change of government in 2021, the trial had discharged the Thennarasu and Ramachandran in 2022 and 2023 respectively, by giving them a clean chit. This followed the vigilance directorate (Directorate of Vigilance and Anti-Corruption – DVAC), filing an additional report following further investigation.

Finding a pattern in the manner of holding ‘further investigation’ and the submission of additional report, that too after the return to power of politicians concerned, the judge pulled up the DVAC. Such favours to political leaders by the DVAC could not be brushed aside without being questioned, he said in the judgment. He had initiated similar suo motu revision of cases against sitting minister, K Ponmudy which led to his conviction and stepping down from the ministry. But, on securing a stay on the conviction and sentence, he had been reinstated. Others facing similar revision of their discharge from DA cases are former Chief Minister and expelled AIADMK leader O Panneerselvam, former AIADMK minister B Valarmathy.

In his order on Thennarasu, the judge quoting the Irish-American journalist, poet and diplomat James Jeffrey Roche, said, “The net of law is spread so wide, no sinner from its sweep may hide. Its meshes are so fine and strong, they take in every child of wrong. O wondrous web of mystery, big fish alone escape from thee.”