Disproportionate assets cases: Madras High Court reverses discharge of Ministers K.K.S.S.R. Ramachandran, Thangam Thennarasu

Madras High Court reverses discharge of Revenue and Finance Ministers in disproportionate assets cases, orders trial to proceed.

The Madras High Court on Wednesday (August 7, 2024) allowed two suo motu criminal revision petitions taken up by it last year and reversed the discharge of Revenue Minister K.K.S.S.R. Ramachandran as well as Finance Minister Thangam Thennarasu from two different disproportionate assets cases booked against them and their family members in 2011 and 2012.

Justice N. Anand Venkatesh set aside an order passed by a special court for MP/MLA cases on July 20, 2023 discharging Mr. Ramachandran, his wife R. Adhilakshmi and friend K.S.P. Shanmugamoorthy and restored the disproportionate assets case back to the file of the special court. He ordered that the trial court should frame charges and proceed in accordance with law.

The judge made clear that in view of the orders passed by him in the suo motu proceedings, the discharge petitions which the accused had filed before the trial court would stand dismissed. He further directed all three accused to appear before the special court on September 9 and furnish a bond. “The trial should be conducted on a day-to-day basis and completed as expeditiously as possible,” he added.

The judge further clarified that the trial must be conducted without being influenced by any of the observations made by him in the suo motu proceedings.

Passing separate orders on the criminal revision petition taken up against Mr. Thennarasu, the judge said: “Before drawing the curtains, this court is only reminded of the following words of James Jeffrey Roche who wrote: 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 wonderous web of mystery, big fish alone escape from thee!”

The judge set aside an order passed by the special court for MP/MLA cases on December 12, 2022 discharging the Minister and his wife T. Manimegalai and restored the disproportionate assets case back to the file of the trial court. Stating that prima facie materials were available for framing charges, he directed the special court to proceed with framing of charges.

“The accused are directed to appear before the special court on September 11, 2024. On such appearance, the special court shall obtain a bond under Section 88 of Code of Criminal Procedure with or without sureties as the special court may deem fit and necessary,” the judge wrote.