The Hindu : Jayalalithaa wealth case hearing on Oct. 14

Online edition of India's National Newspaper
Tuesday, Sep 16, 2003

National

National

Jayalalithaa wealth case hearing on Oct. 14

By Our Legal Correspondent

NEW DELHI Sept. 15. The Supreme Court today fixed October 14 for final hearing of the petition filed by the DMK for transfer of two disproportionate wealth cases against the Tamil Nadu Chief Minister, Jayalalithaa, N. Sasikala, Ilavarasi and V.N. Sudhakaran and the AIADMK MP, T.T.V. Dinakaran, to a court outside Tamil Nadu.

A Bench comprising Justice S.N. Variava and Justice H.K. Sema fixed the date when counsel for the parties submitted that pleadings had been completed and the matter was ready for final hearing. The Bench decided to take up the impleading application filed by the Janata Party president, Subramanian Swamy, along with the main petition.

On February 28, the court while staying the proceedings in the two cases pending before a special court in Chennai ordered notice to the Tamil Nadu Government, Ms. Jayalalithaa and others. And on April 28, notice was issued to the Centre on an application from the DMK seeking to implead the Union Government in the transfer petition. But the Centre is yet to file its response. The petitioner, K. Anbazhagan, DMK general secretary, had contended that if the two wealth cases were conducted in Chennai under the regime of Ms. Jayalalithaa, fair trial would not take place and hence they should be tried in a court outside Tamil Nadu.

Ms. Jayalalithaa, the State Government and others had filed their responses stating that the DMK had misled the court and obtained an interim stay. Describing the DMK's move as an abuse of the judicial process, they had prayed for vacating the stay. Thereafter, Mr. Anbazhagan filed an application to implead the Centre to facilitate the appointment of an independent agency like the CBI to conduct the investigation, trial and prosecution in any other State outside Tamil Nadu. Opposing the move to implead the Centre, Ms. Jayalalithaa said it was an attempt to delay the process by the petitioner taking advantage of the interim order obtained by suppressing material facts.

She said that at no point of time she had ever attempted to influence the due course of trial and the Directorate of Vigilance and Anti-corruption was not under her control.

Contending that the Union of India, Tamil Nadu and the State Director General of Police were not necessary parties, she pleaded for the dismissal of the application. She also opposed Dr. Swamy's application to implead himself in the case as it was a politically motivated litigation. In his rejoinder, Mr. Anbazhagan reiterated the allegation and said that out of 259 witnesses examined by the prosecution, around 70 were recalled and cross-examined after Ms. Jayalalithaa assumed office as Chief Minister. The Public Prosecutor, however, did not re-examine them and it would clearly show that he had not carried out his duties impartially. Enclosing the depositions of the 70 witnesses, who had turned hostile, he sought a direction to transfer the cases for trial outside Tamil Nadu.

Today, the bench granted time to counsel for Ms. Jayalalithaa and others to file their reply.

Printer friendly page
Send this article to Friends by E-Mail

National