The husband of a former Tamil Nadu minister today moved the Madras High Court Bench here seeking to set aside an order of a special court dismissing his plea for discharge from a disproportionate wealth case filed against his wife and him.
When the petition by A Ravikumar, husband of former Adi Dravidar Welfare Minister in the previous DMK regime from 2006-11, came up, Justice M.Sathyanarayanan posted it to February 24 for hearing.
The petitioner also sought a stay on the trial proceedings before the Special Court (Prevention of Corruption Act cases).
He submitted that the Supreme Court had laid down in several cases that if there was no prima facie case (against the accused) to proceed under the criminal law, the trial court should discharge the accused.
He contended that the documentary evidence collected had abundantly proved that there was no iota of evidence to prove that he had amassed wealth through Tamilarasi.
He was an income tax assessee and had his own source of income.
One crucial document relied upon is the declaration made by his wife (first accused) while filing her nomination (for the assembly elections). She had declared that she was having cash in hand for contesting in elections.
The said declaration cannot be assumed or presumed as a known source of income since it was only a declaration for election expenses and it need not be presumed that the said income accrued by the former minister during the earlier period of her official position, the petitioner submitted.
