BANGALORE: The Special Court, constituted to try the disproportionate assets case against the Chief Minister, Jayalalithaa, and others, on Saturday ordered that the assets seized in connection with the case be brought from Chennai to Bangalore.

The court also ordered issue of process (summons) to T.T.V. Dinakaran, fifth accused (in the merged case), and also directed the authorities to transfer the bail bonds of all the accused, executed in the Madras High Court, to the Special Court.

The special judge, A.S. Pachhapure, noted that no cognisance has been taken by any court against Mr. Dinakaran in the additional charge sheet (London hotels case) now merged with the main case (the Rs. 66.65-crore disproportionate assets case).

Reasonable grounds

He said there are reasonable grounds to proceed against Mr. Dinakaran in respect of offences under Section 120 B of the Indian Penal Code read with Section 13 (2) and 13 (1) of the Prevention of Corruption Act.

Taking cognisance of the offences, the judge ordered issue of process to Mr. Dinakaran under Section 204 of the Criminal Procedure Code.

He adjourned the hearing till July 12.

During the last hearing, the prosecution had sought adjournment for four weeks to enable it to contact the Karnataka and Tamil Nadu Governments for filing a special leave petition (SLP) in the Supreme Court against the clarification by the Madras High Court of its own order.

Earlier, the judge asked the Special Public Prosecutor, B.V. Acharya, if the trial would remain stayed if he went on appeal in the Supreme Court. Mr. Acharya said he had sought adjournment only to approach the higher court.

When the judge sought to know the nature of offences in the London hotels case and whether there was any violation of the Foreign Exchange Regulation Act (FERA), Mr. Acharya said the charges pertain to conspiracy and also involve Section 13 (1) (e) of the Prevention of Corruption Act.

Referring to Mr. Dinakaran, the second accused in the case, the judge said the court has to complete the formality of issuing process to him.

Moreover, it also has to take cognisance of Mr. Dinakaran.

Mr. Acharya said cognisance is taken of the offence and not the offender. Besides, summons has already been issued to Mr. Dinakaran in the earlier case. Since the court has merged the two cases, there is no need to issue fresh summons as it is only a formality. However, summons could be issued to Mr. Dinakaran to secure his presence in the court.

New charge sheet sought

N. Jothi, counsel for J. Illavarasi, said the prosecution should file a separate charge sheet as the two cases have been merged and a new accused (Mr. Dinakaran) added in the joint case.

While Ms. Jayalalithaa, Sasikala, V.N. Sudhagaran and Ms. Ilavarasi are accused in the first case, Ms. Jayalalithaa and Mr. Dinakaran are the accused in the second case.

He also filed a counter to the adjournment petition of the prosecution.

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