DVAC objects Justice N Anand Venkatesh to hear the case against it: K Ponmudy
The counsel representing senior DMK leader and Minister K Ponmudy also raised the same objection when the judge heard the revision case against him on Thursday.
Tamil Nadu Higher Education Minister K Ponmudy (File)
CHENNAI: After coming under scathing criticism from Justice N Anand Venkatesh for alleged complicity in letting off influential politicians facing corruption charges, the Directorate of Vigilance and Anti-Corruption (DVAC) raised staunch objection to the judge hearing the suo motu criminal revision petition against it.
The counsel representing senior DMK leader and Minister K Ponmudy also raised the same objection when the judge heard the revision case against him on Thursday.
Appearing for the DVAC, senior counsel Sidharth Luthra argued that the case was taken up suo motu in a predetermined manner and without giving an opportunity to the agency to present its contentions.
This, he said, was against Section 401 (2) of CrPC which insists on giving an opportunity to the accused to be heard.
Advocate Luthra also objected to Justice Venkatesh hearing the case, noting that the judge can only refer the case to the Chief Justice, who, as the master of the roster, has the sole authority to list the case before a particular court.
Raising the same objection, senior counsel NR Elango who appeared for the minister and his family members, said they had no opportunity to present their contentions before the issuance of the suo motu order. Also, it was the administration of the High Court that transferred the disproportionate assets case against Ponmudy from the district court in Villupuram to the one in Vellore, he said, noting that the registry should also be impleaded as a party.
Justice Venkatesh observed that the transfer of the case was the starting point to initiate the suo motu case. After the submissions, he posted the case to next week, to decide whether the case would be heard by him or any other court.
On June 28, the Principal District Court, Vellore, acquitted Ponmudy and his wife Visalatchi from a two-decade-old disproportionate assets case booked by the DVAC.
Raising suspicion about the manner in which the minister and her family members set free, the judge took up a criminal revision petition on August 10 and issued notice to the DVAC and the minister.