Tamil Nadu minister K Ponmudy and wife sentenced to 3 years in jail in disproportionate assets case

On December 19, the High Court had convicted Ponmudy and his wife, overturning a 2016 acquittal by a special court for Prevention of Corruption Act (PCA) cases in Villupuram. Justice Jayachandran’s ruling declared the acquittal as “palpably wrong, manifestly erroneous and demonstrably unsustainable.”

The case stems from allegations that during his tenure as Tamil Nadu minister for higher education and mines between April 13, 2006, and May 13, 2010, Ponmudy and his wife amassed assets worth Rs 1.72 crore, significantly disproportionate to their known sources of income.

The judge found Ponmudy guilty of criminal misconduct under the PCA and his wife guilty of abetment.

Crucially, the judgment highlighted the trial court’s error in considering Ponmudy and his wife as separate entities and accepting the post-facto income tax returns filed by Visalakshi as grounds for acquittal. Justice Jayachandran emphasised that treating the spouse of a public servant as a separate entity in such cases can lead to miscarriages of justice.

Following the verdict, Ponmudy, who is 73, and his wife, who is 60, submitted their medical records, citing the age and longevity of the case. However, the judge suspended the sentence for 30 days.

The conviction had immediate political ramifications, disqualifying Ponmudy from the state cabinet and the legislative assembly. According to Section 8(1) of the Representation of the People Act, 1951, a legislator convicted under the PCA faces disqualification for six years starting from the date of conviction if only fined, and for the duration of the imprisonment plus an additional six years post-release if sentenced to jail.

Ponmudy and his wife face another disproportionate assets case relating to his tenure as transport minister from 1996 to 2001. They were acquitted earlier this year, but a suo motu revision against this acquittal by Justice N Anand Venkatesh of the Madras HC is currently pending adjudication.