Ponmudy’s disqualification will cease to apply if SC stays conviction: NR Elango

CHENNAI: Minutes after the Madras High Court sentenced former state higher education minister K Ponmudy to three years imprisonment in the disproportionate assets case, senior HC advocate and DMK Rajya Sabha MP N R Elango on Thursday said that the disqualification of Ponmudy’s MLAship would cease to take effect if the Supreme Court stays the conviction.

Briefing media persons at DMK headquarters Anna Arivalayam, Elango said, “We are confident that he would be acquitted on appeal. The Tamil Nadu government would take necessary action as per the Representation of People Act 1951 and the Constitution.”

Clarifying that their priority would be extending the bail beyond 30 days, Elango, reacting to a specific query on disqualification said, “We do not know when the case would come up before the Supreme Court. We have faith we will secure acquittal on appeal. We will move an appeal. We will try to stay the conviction. The disqualification will cease to exist once the apex court stays the conviction, about which we are confident of.”

Pointing out that Ponmudy’s wife Visalakshi was successfully running Vishal Automobile, a two wheeler firm, with an annual profit of Rs 5 crore, the senior HC advocate said that the HC has struck down and convicted them on the sole ground that Ponmudy’s wife did not file her IT returns properly. Citing the DA case for the 1996-2001 check period, Elango said that evidence in the case showed that Ponmudy had 100 acres of ancestral land in Chittoor and his brothers had invested at the time of starting business.

Reasoning that bank and IT officers who deposed in the instant case have admitted to Ponmudy’s wife successfully running business for Rs 5 crore per year, Elango said that the HC has raised doubt over her not filing her IT returns and struck down the lower court order and convicted them. The legal wing of the DMK will move an appeal and secure acquittal for him, he added.

Judge handled case in previous AIADMK regime as law secretary

Alluding to a latent bias on the part of the HC judge, who, as an advocate had handled freezing of Ponmudy’s assets in the same case during the AIADMK regime, Elango said, “A judge is a person beyond suspicion. But according to law, he has served as law secretary in the previous AIADMK regime. He has handled the files pertaining to the freezing of assets in the case. We were not aware of it during the case trial. Ponmudy learnt about it only yesterday. When we raised it with the judge, he said that he would not have recused from the case even if he were informed earlier. This is purely a legal issue. We will raise the issue with the Supreme Court.”

Asked about the BJP listing out DMK minister’s facing conviction in corruption cases, the DMK MP said, “After 2024, their names would come in the list. Then we shall see.”