The Hindu : Jayalalithaa reiterates charge

Online edition of India's National Newspaper
Friday, Feb 06, 2004

National

National

Jayalalithaa reiterates charge

By J. Venkatesan

NEW DELHI, FEB. 5. The Tamil Nadu Chief Minister, Jayalalithaa, has reiterated the charge in the Supreme Court that the atmosphere in Karnataka was not conducive for ensuring a free and fair trial in the "disproportionate assets cases" against her and others that were transferred to Bangalore from a Chennai special court.

In its response to the petition filed by Ms. Jayalalithaa for shifting the case outside Bangalore to any other State, Karnataka had denied her allegations and said it was no doubt true that the dispute relating to the river Cauvery occasionally gave rise to strong feelings among the people of both the States. "The allegations of Ms. Jayalalilthaa amount to an unfair criticism of the legal system operating in Karnataka for which there is absolutely no warrant or justification", it had said.

In her rejoinder, Ms. Jayalalithaa said that in its affidavit Karnataka had admitted that "there have been agitations in both States relating to sharing of Cauvery waters and these are likely to assume large proportions at this period, namely, January and February when the water position in both States have become difficult in view of the prevailing drought conditions in Karnataka for the fourth successive year".

She said the categorical admission in the counter on the Cauvery waters issue alone was sufficient to allow her application for shifting the case outside Bangalore.

Quoting the apex court judgment in Maneka Gandhi's case, she said "if there is general consternation or atmosphere of tension or raging masses of people in the entire region taking sides and polluting the climate, vitiating the necessary neutrality to hold a detached judicial trial, the situation may be said to have deteriorated to such an extent as to warrant transfer".

She said her apprehension was not merely related to her personal safety, but also that of her lawyers, their support staff and witnesses.

She denied Karnataka's charge that she had chosen to present a picture far from the existing reality for the purpose of securing relief in the application. The atmosphere prevalent in Karnataka being akin to the situation envisaged by the apex court in the Maneka Gandhi case, it would be grossly incorrect to suggest that fair trial would be ensured, she said and prayed for shifting the case outside Bangalore.

The case comes up for further hearing on February 9.

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

National