Bangalore: A Special Court on Wednesday posted to
August 1, hearing of two applications filed by Tamil Nadu
Chief Minister Jayalalithaa, seeking exemption from personal
appearance and that she be allowed to make a written
submission in the disproportionate case against her.
She had also sought provision of video conferencing if
both of these were not possible.
When the matter came up before Special Court Judge B M
Mallikarjunaiah, he adjourned hearing to August 1 as arguments
by Jayalalithaa`s senior counsel B Kumar on the applications
Kumar dwelt on the application filed under Section 313
(5) of CrPC, on entitlement of the accused to file a written
statement instead of personally appearing in court and
He submitted that as per a provision introduced under
Section 313(5) of CrPC in 2008, which came into effect from
December 31, 2009, an accused is entitled to file a written
statement and need not appear personally to answer questions
under Section 313 of CrPC (power to examine the accused).
During the hearing, second accused Sasikala,
Jayalalithaa`s close aide and fourth accused Ilavarasi were
The other application filed by Jayalalithaa under Section
313 (1) of the CrPC, to permit her to depose through video
conference will come up for arguments on August 1, once Kumar
concludes his application filed under Section 313(5) of CrPC.
In all, three applications were filed by the petitioner,
including one citing amendment to Section 313 CrPC in 2008,
under which personal appearance of the accused may be