The Hindu : Karnataka assures apex court of free trial in wealth cases

Online edition of India's National Newspaper
Saturday, Jan 17, 2004

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Karnataka assures apex court of free trial in wealth cases

By J. Venkatesan

NEW DELHI, JAN. 16. The Karnataka Government, taking exception to the Tamil Nadu Chief Minister, Jayalalithaa's charge that the atmosphere in Karnataka was ``foul and vitiated'', has assured the Supreme Court that it would ensure a free and fair trial in the `disproportionate assets cases', transferred to Bangalore from a Chennai special court.

In her application, Ms. Jayalalithaa said that the trial if held in Karnataka, would be conducted in a surcharged atmosphere and in an aura of fear. It would affect counsel defending the accused as well as witnesses, who would find it difficult to depose freely.

In its response to the petition filed by Ms. Jayalalithaa seeking shifting of the cases to any other State, Karnataka said that the dispute over sharing of Cauvery river water occasionally gave rise to ``strong'' feelings among the people of both States.

``The allegations of Ms. Jayalalilthaa amount to an unfair criticism of the legal system in Karnataka''. The issue of release of water in accordance with the Cauvery Water Disputes Tribunal orders no relevance to the facts of the case and had no bearing on the conduct of a fair trial.

Further, the Veerappan episode was dragged into these proceedings though Tamil Nadu knew that attempts were made by both States to track down the culprit. Assuring her of full security, the Karnataka Government recalled that Ms. Jayalalithaa recently visited a Mysore temple and returned to Tamil Nadu safely.

Karnataka also submitted that it made arrangements for translation of Tamil documents and depositions by witnesses.

It ``has no interest in the outcome of the trial'' and ``looks upon it only as a constitutional duty to be discharged to effectuate the apex court order.''

But if for any reason, other than the reasons contained in the application (of Ms. Jayalalithaa), the court were to direct that the trial be held in any other State, Karnataka would have no objection to the same, the affidavit said.

The case comes up for further hearing on January 19.

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