Ponmudi’s discharge in land grab case reversed

Pointing out that the order passed by the trial court is not in consonance with the well settled proposition of law, Justice P Velmurugan said, “A perusal of the final report and documents sent with it discloses a prima facie case against the former minister. It is settled law that the magistrate can discharge the accused only when a prima facie case in not made out against the accused.”

As per the case, the former Transport Minister Ponmudi took over 3,600 square feet of government land at Saidapet in 1998 using forged documents. He had evicted one Kannan alias Kannappan, who was living on a corner of the land and created documents to show as if Kannan had sold the property to Ponmudi’s mother-in-law P Saraswathi. 

The land deal had come to light during the investigation of another case booked against him for reportedly amassing wealth disproportionate to his known sources of income. Based on the evidence accrued, the DVAC registered a separate case of cheating and abuse of office against him and nine others. 

But, the sessions court discharged Ponmudi on citing his discharge from the wealth case, wherein the said property figures. The sessions judge held that a person can’t be prosecuted twice for the same offence. 

However, Justice Velmurugan on disagreeing with the reasons offered by the sessions judge, said that the two cases were distinct since the first one, where he has been discharged related to amassment of wealth while this one pertains to cheating. 

“Just because the property had been listed in the wealth case, it would not preclude the police from prosecuting the alleged offender on charges of having misused his office to grab a government land,” the judge added.