The Hindu : Tamil Nadu News : `Return hotels case papers to prosecution'

Online edition of India's National Newspaper
Wednesday, Apr 20, 2005

Tamil Nadu

Tamil Nadu

`Return hotels case papers to prosecution'

K.T. Sangameswaran

Special judge Pachhapure posts hearing on application to May 9

BANGALORE: : T.T.V. Dinakaran, AIADMK MP, an accused in the London hotels case, on Monday moved the special court here stating that it could not be said to have been legally instituted in the light of a Madras High Court decision. Hence, the papers should be returned to the prosecution for it to proceed in accordance with the law.

The Special Judge, A.S. Pachhapure, posted the application to May 9, next hearing date.

In the petition filed by counsel A. Jenasenan, the accused said the matter should be considered before the court decided whether or not the hotels case should be clubbed with the Rs.66.65-crore disproportionate wealth case against Tamil Nadu Chief Minister Jayalalithaa. For, clubbing postulated the existence of two validly instituted cases.

(On Supreme Court orders, both cases were transferred to the special court in Karnataka. The special judge has posted to May 9 hearing of arguments to enable the court to decide whether the two cases should be clubbed or tried separately.)

Counsel said the Directorate of Vigilance and Anti-Corruption, in pursuance of the Letter Rogatory (issued by the Special Court, Chennai, in the main case), investigated certain pieces of property outside India and said they belonged to Mr. Dinakaran. While getting permission, the prosecution gave an undertaking that the result of the investigation would be filed.

Dealing with an allied matter, the High Court said the trial court direction, while issuing the Letter Rogatory, was binding on the investigating agency. If on the basis of the material obtained under Letter Rogatory, a new case was instituted, it would be a violation of the prosecution's undertaking, counsel said.

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