Suo motu revision against Ponmudy | Madras High Court impleads its Registrar-General too as a respondent

Madras HC allows petitions of Higher Education Minister K. Ponmudy & wife to implead R-G in suo motu revision against their acquittal in DA case. Justice G. Jayachandran agrees R-G is necessary party since revision was taken up due to fault in HC's administrative order. Court calls for R-G's response & allows Minister's petition for copy of proceedings. Next hearing on Dec 12.

The Madras High Court has allowed petitions filed by Higher Education Minister K. Ponmudy and his wife P. Visalatchi to implead the Registrar-General (R-G) of the High Court as one of the respondents in a suo motu revision taken up by the court on August 10 against their acquittal from a disproportionate assets case.

Justice G. Jayachandran agreed with Senior Counsel N.R. Elango, representing the Minister, that the R-G was a necessary party since the suo motu revision had been taken up after finding fault with an administrative order passed by the High Court on July 8, 2022 transferring the trial from Villupuram to Vellore district.

Mr. Elango told the court that his clients had absolutely nothing to do with the transfer of the trial from one district to another, which appeared to be an administrative order passed by the then Chief Justice of the High Court on the basis of a recommendation made by two portfolio judges of Villupuram district.

However, since Justice N. Anand Venkatesh, while taking up the suo motu revision, had observed that such transfer of a trial from one district to another could be done only through judicial orders and not through administrative orders, Justice Jayachandran decided to implead the R-G as a party for proper adjudication of the issue.

Further, passing orders on another application filed by the Minister seeking copies of the entire administrative proceedings that culminated in the transfer of the trial in the disproportionate assets case from Villupuram to Vellore, the judge called for the R-G’s response to such an application by December 12.

While taking up the suo motu revision, Justice Venkatesh had found fault not only with the administrative orders passed by the High Court but also with the speed with which the Vellore Principal District Judge (PDJ) had dealt with the trial and acquitted the accused on July 28, 2023, only two days before his retirement from service.

The retired PDJ had approached the Supreme Court against the adverse remarks made by Justice Venkatesh against her while taking up the suo motu revision and the apex court, in turn, had permitted her to submit her response before the R-G. The Minister filed a petition seeking a copy of the response submitted by her, too.