Ponnusamy sentenced to 3 years RI

By Our Special Correspondent

CHENNAI, AUG. 11. Mr. K. Ponnusamy, the former Education Minister, today became the fifth member of the erstwhile AIADMK ministry, to be convicted and sentenced by a Special Court on corruption charges.

In his judgement in the Rs.77.49 lakh `disproportionate wealth case' against Mr. Ponnusamy, the Special Judge-II, Mr. V. Radhakrishnan, sentenced the former Minister to three years rigorous imprisonment and to pay a fine of Rs.one lakh. Four others, including his wife and daughter, were sentenced to one year RI and to pay a fine of Rs. 10,000 each. The sixth accused, an auditor, was acquitted.

The Judge suspended the operation of the substantial portion of the sentence till September 11 to enable the accused to file appeal.

The court held Mr. Ponnusamy guilty under PCA sections 13 (2) read with 13 (1) (e) and his wife, Mrs. Prabhavathy, daughter, Ms. Mala, his brother, Mr. K. Rajappa, and another person, Mr. Venkatesan, under IPC section 109 (abetment) and PCA sections 13 (2) read with 13 (1) (e).

The Judge said Mr. Ponnusamy, a teacher-turned politician, who became an Education Minister, was expected to set right the shortcomings in the field of education. But he had chosen to acquire pecuniary resources and properties disproportionate to known sources of his income. `This is something like fence eating the crop', the Judge said.

The Judge said pecuniary resources or properties to the extent of Rs. 77,14,337 is confiscated to the State. Jewels weighing 1,000 grams (lying in the bank lockers) that might be identified by the accused shall be returned to the former Minister's wife and daughter after the time for appeal is over.

Holding that the prosecution had proved the guilt of the accused beyond reasonable doubt, the Judge fixed the disproportionate wealth of Mr. Ponnusamy at Rs. 77.14 lakhs. He said the former Minister had not offered any acceptable and convincing explanation for holding that much quantum of wealth.

The theory that the properties were acquired by utilising funds of Mr. Venkatesan (A 4) out of love and affection was unbelievable. Mr. Ponnusamy had not offered any acceptable explanation in respect of the assets standing in the names of his wife, daughter, his brother and Mr. Venkatesan. The conduct of the four accused and the circumstances `unerringly and clearly indicated' that only by utilising the funds of Mr. Ponnusamy, which could not be accounted for, pecuniary resources in the their names were acquired. These accused were only name lenders or benamidars, the court said.

Till he became the Education Minister, Mr. Ponnusamy's financial position was not sound. `It appears that he had to borrow money to make both ends meet and he could not repay the loans and execution proceedings had to be initiated against him for recovery of loans by the creditors. Even as a Deputy Speaker and MLA, he was not in a position to discharge the debts. So the story that he had a lot of income from landed properties cannot be accepted', the Judge said.

Mrs. Prabhavathy was only a housewife and had no independent source of income till she acquired properties by way of gifts. Ms. Mala was only a college student during the check period.

As a dutiful wife, Mrs. Prabhavathy, should have discouraged her husband from acquiring properties in her name by using his unaccounted money, the Judge said.

As regards the auditor, Mr. V. Jayaraman (A 6), who was acquitted, the Judge said the prosecution had not let in any evidence to prove that the auditor helped the accused in converting the illgotten money of Mr. Ponnusamy into legal money. As a professional, he had only given advice that NRI cheques would not attract income-tax. This did not mean that he abetted Mr. Ponnusamy. He is entitled to be acquitted by getting the benefit of doubt.

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