The Hindu : `Transfer wealth case against Jayalalithaa outside TN'

Online edition of India's National Newspaper
Wednesday, Oct 15, 2003

Southern States

Southern States - Tamil Nadu

`Transfer wealth case against Jayalalithaa outside TN'

By J. Venkatesan

NEW DELHI OCT. 14. The DMK today made a plea in the Supreme Court for transfer of the two disproportionate wealth cases against the Tamil Nadu Chief Minister, Jayalalithaa, and four others pending before a special court in Chennai to a court outside the State to ensure a fair trial.

Acting on two petitions filed by the DMK general secretary, K. Anbazhagan, the apex court had on February 28 stayed all further proceedings in the Rs. 66-crore assets case against Ms. Jayalalithaa, N. Sasikala, V.N. Sudhakaran and Ilavarasi, and the other case against the AIADMK MP, T.T.V. Dinakaran.

Today, the senior advocate for the petitioner, T.R. Andhyarujina, submitted before a Bench comprising Justice S.N. Variava and Justice H.K. Sema that after Ms. Jayalalithaa was sworn in Chief Minister in 2001, the trial which started in 1997, proceeded at a fast pace and as many as 76 witnesses were recalled for cross-examination.

Of them, 64 resiled from their earlier statements and prosecution neither took any step to confront them with their earlier version supporting the prosecution nor declared them hostile. As a result, conflicting statements by witnesses were kept on the record of the trial court, weakening the case, said counsel.

The recent events would show that there would be every attempt to save Ms. Jayalalithaa, "fountainhead of power" in the State and others from punishment as the Directorate of Vigilance and Anti-Corruption was under her control and was in a position to monitor and administer the investigation and prosecution of her own cases. It would result in a negation of justice and rule of law.

Counsel also said Ms. Jayalalithaa did not even appear for questioning. She prayed to the court that it send a questionnaire to her residence. As the prosecution did not raise objections, the court granted this prayer and she was allowed to give evidence in the form of question and answer.

The Janata Party president, Subramanian Swamy, said that since he was the original complainant, he impleaded himself to assist the court. He said the public prosecutor did not take steps to prosecute the hostile witnesses for perjury.

Appearing for Ms. Jayalalithaa, K.K. Venugopal, senior counsel, assailed the petitioner for approaching the court with "tainted hands" by suppressing material facts and obtaining a stay of the proceedings in the `disproportionate assets cases'.

On questionnaire sent by the court to Ms. Jayalalithaa to dispense with her personal appearance for questioning, Mr. Venugopal said it was done for security reasons. Citing an apex court ruling, he said that in exceptional and extraordinary circumstances, the court could grant exemptions.

At this juncture, the Bench said, "just because she is the Chief Minister, she can't say that she will not personally appear in the court". When counsel said she was in the `Z' category, the Bench said, "when she can go out for campaigning in a public place, the court is a much safer place to attend. The exception cited by counsel would not be applicable when the accused was in the same city". The Bench then indicated that it would clarify the judgment on this aspect.

Further arguments will continue tomorrow.

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