The Hindu : Tamil Nadu / Chennai News : Wealth case: directive to Small Causes Court

Online edition of India's National Newspaper
Thursday, Apr 27, 2006

Tamil Nadu

Tamil Nadu - Chennai

Wealth case: directive to Small Causes Court

Special Correspondent

High Court says claimants can approach Special Court, Bangalore

CHENNAI: The Madras High Court on Wednesday directed the Chief Judge, Small Causes Court, Chennai, not to deal with the petitions filed by five companies seeking to raise the order of attachment of property in the disproportionate wealth case against AIADMK chief Jayalalithaa.

Passing orders on a petition filed by DMK general secretary K.Anbazhagan, seeking stay of all further proceedings on the petitions before the Chief Judge, Small Causes Court, pending disposal of the main case, Justice M. Jeyapaul said the claimants could approach the Special Court, Bangalore, which deals with the wealth case. The Director of Vigilance and Anti-Corruption (DVAC) (first respondent) shall contest those claims only through the Special Public Prosecutor (SPP) appointed to conduct the case in Bangalore.

Lex Properties Development (Pvt.) Ltd., Ramraj Agro Mill Pvt. Ltd., Singnora Enterprises (Pvt.) Ltd., Meadow Agro Farms (Pvt.) Ltd and Riverway Agro Products (Pvt.) Ltd, Chennai, and others had filed the petitions seeking to raise the order of attachment of property. The companies were impleaded as per the order of the High Court.

Mr. Anbazhagan submitted that when the main case was transferred to a Special Court in Bangalore, the Chief Judge, Small Causes Court, ceased to have jurisdiction to adjudicate the petitions. The present proceedings before the Small Causes Court were taking place without consultation with the SPP (appointed by the Karnataka Government), and the DVAC was colluding with the accused. Grave prejudice would be caused if the proceedings were allowed to continue before the Small Causes Court.

The respondent companies submitted that Ms. Jayalalithaa, N. Sasikala Natarajan, V.N. Sudhakaran and J. Elavarasi (also cited as respondents) never had any right over the property standing in the name of the companies.

Hence, they were legally entitled to seek the raising of the order of attachment.

Mr. Justice Jeyapaul said that considering the circumstances under which the case was transferred to Karnataka, the appointment of a SPP to deal with the case now before the Special Court, Bangalore, relieving of the Public Prosecutor who had dealt with the matter earlier, the stage at which the matter stands, voluminous evidence and records available only with the Special Court and the proceedings now in progress behind the back of the SPP appointed in the wealth case, the court found that a direction to secure the ends of justice would have to be given.

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