TANSI cases: `officials' acts projected as conspiracy'

By Our Special Correspondent

CHENNAI, AUG. 29. Independent acts of individual officers were sought to be `artificially' made out as a conspiracy to buy government property at undervalued consideration, counsel for the Chief Minister, Ms. Jayalalithaa and her associate, Ms. Sasikalaa, submitted in the Madras High Court today.

Arguing in the appeals preferred by them in the TANSI land deal cases, counsel Mr. N. Jothi contended that the (then) Small Industries department secretary was `directed' to file a complaint about the land deal case.

At the prompting of the judge, Mr. Justice R. Balasubramanian, counsel detailed the chronology of events that led the State- owned TANSI to decide on selling its property. This was decided even before Ms. Jayalalithaa assumed power, he contended.

In the present issue, he noted that the minutes of a review meeting of the TANSI officials held on October 14, 1991, clearly showed that the meeting was attended by Ms. Jayalalithaa, Mr. Mohamed Asif (Small Industries Minister), the then Chief Secretary (Mr. T. V. Venkataraman), the Finance Secretary, Mr. N. Narayanan and the Industries Secretary, Ms. Latika Padalkar, and the TANSI CMD Mr. T. R. Srinivasan (another person convicted in the case). The meeting wanted to decide on steps to revive the TANSI's sagging fortunes. When senior IAS officials had approved the TANSI land deal, how could it be termed a conspiracy, counsel asked.

Ms. Sasikalaa, who had not attended the meeting, had been cited as part of the conspiracy. No evidence was let in to show how the accused had come together for the so-called conspiracy. Individual persons, as public servants, had taken independent decisions and their acts were sought to be projected as a conspiracy by the trial Judge. The charge of conspiracy which had been dropped had overall effect on the other charges.

Counsel said the trial judge had conceded that there was nothing improper in the payment of stamp duty, but in the later part of the judgment, he had shown this as a reason for conviction.

During the trial, no evidence was shown throughout to prove that the property belonged to the Government. The prosecution had failed to satisfy the ingredients of criminal breach of Trust.

Swamy plea order tomorrow

Mr. Justice Balasubramanian said he would pass orders on a plea filed by the Janata Party leader, Dr. Subramanian Swamy seeking that he be allowed to argue in the case, on the ground that he was the original complainant.

This morning, a small drama occurred, when AIADMK advocates arrived in the court hall and occupied all seats. They did not let Dr. Swamy sit, claiming that a non-advocate could not sit in the court. However, the judge said he had allowed Dr. Swamy a seat with the advocates and to observe the proceedings.

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