Ponmudy sworn in, Ravi to Supreme Court: ‘Didn’t intend to breach order’

“The Governor conveys that Ponmudi will be invited for swearing in…. The Governor also wishes to convey that he had the least intent to disrespect the order of the court. On a certain understanding of certain judgements of the court, he has taken a view,” the AG told the bench also comprising Justices J B Pardiwala and Manoj Misra.

The court recorded this in its order and disposed of the interlocutory application filed by the Tamil Nadu government. “Hence, no further directions are needed on the interlocutory application, save and except to take the assurance on the record,” it said.

Appearing for the TN government, Senior Advocate P Wilson said, “Parliamentary democracy survives because of Your Lordships.”

Senior Advocate A M Singhvi, who also appeared for the state, wondered why it should approach the court every time because of such actions.

The CJI expressed relief at the matter being resolved. “It’s all sorted out,” he observed.

Hours before the scheduled Supreme Court hearing, Governor Ravi had administered the oath of office to Ponmudy, a Member of the Legislative Assembly (MLA) from Tirukoilur. This came a day after the SC came down heavily on Governor Ravi’s interpretations of an SC order staying Ponmudy’s conviction. After the oath ceremony, Chief Minister M K Stalin thanked the SC for upholding the spirit of the Constitution.

“On behalf of the people of Tamil Nadu, I thank the Hon’ble Supreme Court, the custodian of the Constitution, for its timely intervention and upholding the spirit of the Constitution and saving democracy. In the last decade, the people of India witnessed the dithering of democracy, withering of federalism and misadventures to put spikes before the functioning of sovereign governments elected by the people and giving age-old traditions a go by,” Stalin posted online.

Ponmudy, a DMK veteran and former minister, had found himself embroiled in a legal controversy after his conviction by the Madras High Court in a case of disproportionate assets. In December 2023, the court reversed his earlier acquittal and sentenced him to three years of imprisonment, leading to his disqualification from the cabinet post. On March 11, an SC bench comprising Justice Abhay Oka and Justice Ujjal Bhuyan stayed the conviction and sentence, paving the way for his return as a legislator. The SC order was on a petition arguing that the HC had wrongly overturned the well-detailed acquittal by the trial court and that the HC erred in clubbing the assets of Ponmudy and his wife to determine the “property disproportionate”.

Soon after the interim relief from SC, Stalin wrote to Ravi to re-induct Ponmudy into the cabinet.

The Governor however refused citing moral and legal grounds. This refusal was rooted in the interpretation of Section 8(3) of the Representation of People Act, 1951, highlighting the nuanced distinction between a stay of conviction and its complete overturning.

“It means the conviction of Ponmudy, though existent, has been made non-operative. It has not been set aside,” the Governor’s letter to Stalin said. Ravi argued that the offences for which Ponmudy had been held guilty by the HC were very serious, amounting to moral turpitude and relating to corruption he allegedly committed as a public servant. Ravi maintained that the interim relief from SC, staying the conviction, did not erase the conviction entirely.

The case took a turn when the Supreme Court bench, led by Chief Justice of India D Y Chandrachud, intervened on a petition from the state government. “We are seriously concerned by the governor’s conduct. He is defying the Supreme Court. He has no business to say Ponmudy’s taint continued and that it would constitutionally be immoral to swear him in as minister. Those who have advised him have not advised him correctly in accordance with law. The Governor should be informed that when the Supreme Court of India stays a conviction, the law has to follow its course,” the SC said on Thursday.

Within a day, hours before the SC was to hear the plea again, the Governor sent the communication to the state government informing the time for the oath ceremony of Ponmudy.

The event, held at 3.30 pm, was private, with key state officials and ministers in attendance. Stalin, Ponmudy, ministers Ma Subramanian, P K Sekar Babu, chief secretary Shiv Das Meena, public secretary K Nanthakumar, and chief minister’s secretary N Muruganandam were among those who attended the ceremony at Raj Bhawan.