Chennai, Dec 21 (PTI) In a disproportionate assets case, the Madras High Court on Thursday sentenced Tamil Nadu Higher Education Minister K Ponmudy to three years in prison under the Prevention of Corruption Act and also slapped a fine of Rs 50 lakh on him.
Consequent to his conviction and the prison sentence awarded by the court, Ponmudy, a senior leader of the ruling DMK stands disqualified as a legislator and as a result ceases to be a Minister.
A DMK strongman hailing from Villupuram district in northern Tamil Nadu, he was elected to the Tamil Nadu Assembly from Tirukkoyilur Assembly constituency.
Justice G Jayachandran also sentenced Ponmudy’s wife P Visalakshi to three years in jail. The judge imposed a fine of Rs 50 lakh each on Ponmudy and his wife.
When the court began its hearing before pronouncing the sentence, senior counsel N R Ellango prayed the court to grant leave to enable Ponmudy and his wife Visalakshi to file a Special Leave Petition before the Supreme Court and also to suspend the sentence.
The judge, declining to entertain the plea, granted Ponmudy and Visalakshi 30 days time to surrender before the trial court in Villupuram to undergo the prison sentence.
In case the accused persons fail to surrender on or before January 22, 2024, the trial court shall secure the accused by executing warrant, the judge added.
The HC had already convicted the minister and his wife in the case and pronounced the sentence today.
Legal experts said Ponmudy, following his conviction and prison term, stands disqualified from the post of MLA and he also loses the post of Minister.
Asked about the disqualification of Ponmudy, Senior counsel Abudukumar Rajarathinam said, “In view of his conviction, Ponmudy stands disqualified by virtue of Section 8 (1) (m) of Representation of Peoples Act for a period of 6 years from the date of his release after the sentence.” Further, he said, “Ponmudy stands disqualified from the moment he is convicted. His only option is to approach the Supreme Court to seek stay of his conviction so as to not to attract disqualification under the Representation of Peoples Act.
Since he stands disqualified as an MLA, he stands disqualified from holding the position of a Minister of Tamil Nadu cabinet”.
The judge had on December 19 convicted Ponmudy and his wife Visalakshi in the case and directed them to appear before the court on Thursday to hear them before awarding them the sentence.
Accordingly, Ponmudy and Visalakshi were present in the court hall by 9.50 a.m today.
The judge asked Ponmudy and Visalakshi, whether they had anything to say about the sentence. Ponmudy said he is innocent and 72-year old and that he is a heart patient for the last 10 years.
He pleaded with the court to impose a lesser punishment. Visalakshi said she is 68-year old. Her husband is a ‘heart patient’ and she has to look after him and hence lesser sentence may be imposed.
Senior counsel Elango said this was an old case and Ponmudy is 72-year old and hence lesser punishment may be imposed.
The judge said based on evidence the court held Ponmudy and his wife Visalakshi guilty under the Prevention of Corruption Act.
The accused have submitted their respective medical records showing history of illness and also made oral submissions seeking leniency, the judge added.
The judge said the sentence is imposed considering the nature of offence, its gravity and its impact on the society and after considering the submissions made by the accused Accordingly, the judge said Ponmudy is sentenced to undergo Simple Imprisonment for three years and he has to pay a fine of Rs 50 lakh. In case of him making a default on payment of the fine, he has to undergo six months SI.
Visalakshi is sentenced to undergo SI for three years and to pay a fine of Rs 50 lakh. In case of default, she has to undergo six months SI.
The judge said: “Considering the fact that, the 1st accused /Ponmudy is presently the Minister of Higher Education, Government of Tamil Nadu and the health conditions of the accused, 30 days time (is) granted to surrender before the trial court to undergo the sentence imposed.” The prosecution case was that Ponmudy had amassed wealth to the tune of about Rs 1.75 crore in his name and in the name of his wife, disproportionate to his known sources of income when he was a Minister between 2006 and 2011 in the DMK regime.
During the previous AIADMK regime, the disproportionate assets case was registered by the Directorate of Vigilance and Anti Corruption (DVAC) against Ponmudy.
After he and his wife were acquitted by a trial court, the DVAC (during AIADMK rule) had preferred an appeal in the High Court, challenging the acquittal.
The court had convicted him and his wife in this case.
Days ago, the court had held Ponmudy guilty of offences punishable under Section 13 (2) read with section 13 (1) (e) of Prevention of Corruption Act and the charges against him were proved.
Such sections are related to criminal misconduct by a public servant and illicit enrichment covered under the Prevention of Corruption Act.
The charges under same sections of PC Act read with section 109 of I P C (abetment) against Visalakshi are proved, the court had held.
The judge had pointed to overwhelming evidence against the accused and the unsustainable reasons given by the trial court for acquittal them by ignoring evidence.
The judgment of the trial court is palpably wrong, manifestly erroneous and demonstrably unsustainable. “Hence, this is a fit case for the Appellate Court to interfere and set it aside”. PTI COR VGN VGN ROH
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