Chennai: Former Tamil Nadu Chief Minister
Jayalalithaa on Thursday filed a petition in a designated CBI court
seeking her discharge in the Rs two crore 'Gift Case',
contending that the agency was not empowered to investigate
the alleged offence against her under section 11 of the
Prevention of Corruption Act.
The state government had no jurisdiction to transfer the
case to CBI, the AIADMK chief claimed and said in both the
state and central government notifications as well as the FIR,
the investigation relates only to the alleged offence under
section 13(2) read with 13(1)(e) of the PCA.
But, CBI filed the chargesheet against her under section
11 of the Act, she contended and added that since the CBI did
not conduct the investigation for the alleged offences under
section 13(1)(e) of the Act, collection of any alleged facts
to invoke section 11 "is illegal and without jurisdiction".
While Jayalalithaa has been charged under sec 11 of PCA,
which prohibits receiving valuables from persons he/she had
official dealings with, co-accused former AIADMK ministers K A
Sengottaiyan and Alugu Thirunavukarasu faces abetment charge.
According to CBI, on the occasion of her birthday in 1992,
Jayalalithaa had accepted 89 demand drafts worth Rs two crore
from 57 persons in her name. Twelve names were found to be
fictitious, 12 others denied that they had purchased DDs while
33 confirmed the purchase and presentation of DDs to her.
CBI claimed Shengottaiyan and Thirunavukarasu had
presented Jayalalithaa with DDs for Rs 22.53 lakh and Rs 22.50
lakh respectively thereby abetting her to accept the amount
without consideration.
Bureau Report
First Published: Thursday, September 03, 2009, 23:32