Fri. Nov 22nd, 2024

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A day after the Supreme Court reprimanded Tamil Nadu Governor RN Ravi for “defying the court” by refusing to swear-in DMK minister K Ponmudi, he extended an invitation to the minister, informing the top court that he had no intention to disregard the highest judicial authority’s direction.

Supreme Court of India. (PTI File Photo)
Supreme Court of India. (PTI File Photo)

Appearing for the Governor, Attorney General R Venkatramani said, “The Governor has conveyed that K Ponmudi will be invited to be sworn in as minister. He has the least intention to disregard this court. His decision to not allow swearing-in was based on his reading of some past decisions of the top court.”

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A bench headed by Chief Justice of India (CJI) Dhananjaya Y Chandrachud took the statement on record and said, “The AG states that he has been asked to convey that there is no intention on part of the Governor to breach the order of this court.”

Ponmudi stood disqualified on 21 December 2023, when the Madras high court convicted and sentenced him to three years’ imprisonment in a disproportionate assets case, setting aside his acquittal given earlier by a trial court. It was on his appeal against this order, the top court suspended his conviction, thus removing the bar existing on him under the Representation of Peoples Act to continue in office.

The latest SC order was passed on an application moved by the Tamil Nadu government challenging the Governor’s refusal order of March 17 to swear-in Ponmudi suggesting that the conviction has not been “set aside” and swearing-in a tainted person will be against “constitutional morality”.

The application was filed in a pending petition filed by the state, challenging an earlier action of the Governor for not giving consent to clear 10 pending bills passed by the state assembly.

Senior advocates Mukul Rohatgi, Abhishek Manu Singhvi and P Wilson appearing for the state government informed SC that as per the Governor’s invitation on Friday, Ponmudi would be sworn in at 3.30pm.

Wilson said, “Parliamentary democracy survives only because of the Supreme Court.” Singhvi added by saying, “The fact still remains why the state is forced to come before this Court always.”

The court had on Thursday called the Governor’s decision to withhold consent for the swearing-in as “constitutionally illegal”.

The bench, which also comprised justices JB Pardiwala and Manoj Misra, on Thursday observed, “We are seriously concerned about the conduct of the Governor. He is defying the Supreme Court of India. Are we governed by rule of law. When the Supreme Court stays conviction, the Governor has no business to say that the conviction is not wiped out. We are deeply concerned on who has advised him and the manner in which this matter has proceeded.”

The FIR against Ponmudi and his wife was registered in 2011 on the allegation that during his tenure as the minister of mines and higher education of Tamil Nadu between 2006 to 2010, he acquired assets that were nearly 66% more than his known sources of income.

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