Supreme Court on Monday refused to interfere with the Madras High Court order issuing notice to DMK minister K Ponmudy and his wife on a criminal revision case initiated by it following their acquittal in a disproportionate wealth case by a Vellore trial court. A bench headed by Chief Justice DY Chandrachud praised Tamil Nadu High Court Judge Justice N Anand Venkatesh for taking suo motu notice of the matter.
«Thank God, we have judges like Justice Anand.
Look at the conduct. The Chief Justice transfers the trial from one district to another. Where is the power of the Chief Justice to transfer the trial from one district judge to another on the administrative side? It has to be judicial order.The HC single judge is right in examining this,» the bench, also comprising Justices JB Pardiwala and Manoj Misra, said.
The top court said the single judge is still seized of the matter and only notices have been issued to the parties and, therefore, it was not inclined to entertain the pleas at this stage.
The top court refused to entertain arguments from senior advocate Kapil Sibal, appearing for the accused, and senior advocate Mukul Rohatgi, appearing for the state, and said all arguments can be advanced before a single judge, who has issued notice to the accused and public prosecutor on the acquittal of the minister and his wife.
The Madras High Court on August 10 had ordered notice to Ponmudy and his wife.