Collusion, illegalities, indecent burial of trial: Why Madras HC set aside discharge of ministers in DA cases

CHENNAI: Noting that it was the court’s sacrosanct Constitutional duty to intervene to prevent the “grossest abuse of the judicial process”, the Madras High Court on Wednesday set aside the special court orders discharging ministers KKSSR Ramachandran and Thangam Thennarasu from disproportionate assets (DA) cases.

Justice N Anand Venkatesh cited the many “illegalities” that have come to the court’s notice, including the meticulous manner in which DVAC officials probing separate DA cases against siting ministers colluded with each other to “quietly and indecently” bury the criminal trials within the precincts of the special court, and the presiding officer of that court passing a discharge order which is “a model of how a judgment should not be written”.

Pronouncing judgments in the suo motu criminal revision cases he initiated, Justice Venkatesh restored both cases to the Srivilliputhur special court and directed it to proceed with the framing of charges. It should conduct the case on a day-to-day basis and dispose of the case as expeditiously as possible.

The judge directed Ramachandran to appear before the special court on September 9 and Thennarasu on September 11 for the trial.

Justice Venkatesh also closed the discharge petitions filed by the ministers and said the final closure report filed by the Directorate of Vigilance and Anti-Corruption (DVAC) in both cases should be treated as supplementary reports.

“One of the most striking aspects of these two cases is the meticulous manner in which the DVAC officials have also colluded with each other to ensure that criminal trials against two sitting ministers are quietly and indecently buried within the precincts of the special court,” he said.

Not sparing the lower judiciary, he criticised the special court for “liberally” hearing the discharge petitions in installments for over a year. As the case was pending, the senior DMK leaders filed discharge petitions, and the procedure dragged on till such time the leaders, who were in the opposition party, were back in the political saddle after the regime change, the judge said.

He termed the entire narration of the case proceedings as a clearly orchestrated plan. "Once the two ministers were back in power, the DVAC officials decided – or were told by their higher-ups – to find ways and means to ensure that the prosecutions were torpedoed," the High Court said.

DVAC obtained permission from the special court for further investigation and later filed the final closure report whitewashing the earlier findings, claiming that none of the offences was made out.

"When the two accused persons filed an ostensible written argument, the DVAC, with all sincerity, received them with open arms and then hunted for material to back the defence of the accused, culminating with the final closure report," the judge said.

Butcher, baker or minister, all equal before court, says judge

Justice Venkatesh noted the striking aspect that the “so-called written argument”, the intimation for further investigation, and the final closure report were filed on the same day in both cases.

“Unfortunately, the special court did not notice this and fell into or was willing to fall into an error in discharging the accused,” the judge said, adding, "The impugned discharge order passed by the special judge V Thilaham is a model of how a judgment should not be written."

After these illegalities have come to its attention, “this court considers it a sacrosanct Constitutional duty to intervene to prevent the grossest abuse of the judicial process, which has resulted in the miscarriage of justice," said Justice Venkatesh.

The rule of law must mean that politicians and the common man of the State would be equal before the courts, and the butcher, baker and candlelight maker would be treated just the same as a Revenue, Housing or Finance Minister of the State, the judge said.

Concluding the judgment, Justice Venkatesh quoted the words of Irish-American poet James Jeffrey Roche’s poem The Net of Law:

"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 song.

O wondrous web of mystery!

Big fish alone escape from thee!"