The Hindu : National : Wealth case: DMK moves Supreme Court

Online edition of India's National Newspaper
Friday, Jul 15, 2005

National

National

Wealth case: DMK moves Supreme Court

J. Venkatesan

Two FIRscould be filed against the same accused when there were rival versions of the same episode

NEW DELHI: The general secretary of the Dravida Munnetra Kazhagam, K. Anbazhagan, on Thursday moved the Supreme Court challenging an order passed by a special court in Bangalore clubbing the disproportionate assets and London hotel cases against Tamil Nadu Chief Minister Jayalalithaa and four others as a single case.

In his special leave petition filed by counsel V.G. Pragasam against the special court order dated June 27, Mr. Anbazhagan said the special court had committed a grave error by ordering consolidation of the two cases.

He said that though the prosecution was permitted to make further investigation under Section 173 (8) Cr.P.C., a different offence was made out on the basis of the evidence gathered and materials collected during further investigation. Therefore, two First Information Reports could be filed against the same accused when there were rival versions of the same episode.

The petitioner submitted that the trial (in the Rs. 66.68 crores disproportionate assets case) had reached the final stage of arguments after the cross-examination of defence witnesses, except to the extent to further proceedings to be held in compliance with the apex court order transferring the case from Chennai to Bangalore.

The petitioner contended that the special court failed to take note of the fact that the application to club the two cases was filed only with the object of protracting and frustrating the prosecution cases, especially the main wealth case against Ms. Jayalalithaa which had reached the near-completion stage.

He said the Supreme Court had ordered the transfer of the two cases for trial separately with a direction that the cases be tried expeditiously.

Thus, the special court's order consolidating the two cases was in violation of the apex court order.

He sought the quashing of the impugned judgment dated June 27 and an interim stay of its operation and all further proceedings pending before the special court, Bangalore, till the disposal of the special leave petition.

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

National