The Hindu : Tamil Nadu News : Jayalalithaa to move Madras High Court

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Sunday, Jun 05, 2005

Tamil Nadu

Tamil Nadu

Jayalalithaa to move Madras High Court

B.S. Ramesh

To seek its opinion on clubbing of the disproportionate assets case with the London Hotels case

BANGALORE: The wealth cases against Tamil Nadu Chief Minister Jayalalithaa took a new turn on Saturday, with the counsel submitting that she will move an application before the Madras High Court on June 13, seeking its opinion on clubbing of the two cases.

He made the submission before the Special Court hearing the Rs. 66.65-crore disproportionate assets case and the London Hotels case, in which Ms. Jayalalithaa is one of the accused.

Mr. Jyothi said his client decided to file an application before the High Court as soon as it reopened after summer vacation. The application would urge the court to pass its opinion whether the two cases should be clubbed or tried separately.

On January 10, 2002, the court gave two options: to club the cases or try them separately. While the four accused in the first case, Ms. Jayalalithaa, Sasikalaa, V.N. Sudhagaran and Illavarasi, and the two accused in the second case, Ms. Jayalalithaa and T.T.V. Dinakaran, wanted the cases clubbed, the prosecution opposed it, saying that since the wealth case had progressed to certain extent, it would be inappropriate to club them. Moreover, clubbing would nullify the earlier proceedings and further delay the trial.

With both the parties sticking to their stand, citing the High Court order in their favour, Special Judge A.S. Pachhapure asked Mr. Jyothi whether he could file an application in the High Court to seek its opinion.

The counsel said as soon as the High Court gave its opinion, he would communicate it to the Special Court.

Special Public Prosecutor B.V. Acharya said he had no objection to the matter being raised again in the High Court.

Earlier, P. Kumar, advocate for Mr. Dinakaran, filed an application, urging the court to return the documents in the London Hotels case, including the First Information Report (FIR) and the report, to the prosecution to enable it to form an opinion whether to go ahead with the case.

He said a summons was issued to his client only after the case was transferred to the Special Court. After the High Court ordered the transfer of the London Hotels case to the Special Court trying the Rs. 66.65-crore assets case, there was no summons or communication from the court.

He said it was not for the prosecution to oppose the applications by the accused seeking clubbing of the cases; the court would have to decide.

Mr. Acharya said Mr. Kumar's plea for giving back the papers could not be conceded, as the High Court had given only two options.

The judge adjourned the case till June 9.

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