New Delhi: The Supreme Court on Tuesday
decided to hear on March 19 AIADMK general secretary J
Jayalalithaa's plea seeking quashing of proceedings against
her in a 14-year-old disproportionate assets case.
The former Tamil Nadu Chief Minister has challenged
the March 10 order of the Karnataka High Court which held that
the trial court order taking congnisance of the complaint on
June 5, 1997, did not suffer from any illegality or
irregularity.
After a brief hearing during the mention hour, a Bench
headed by Chief Justice K G Balakrishnan, accepted the plea of
Jayalalithaa's counsel Mukul Rohatgi that the trial court in
Karnataka should not go ahead with the proceedings on March 18
for commencing the day-to-day trial.
The Bench asked the prosecution to ensure that the
examination of witnesses do not begin on March 18 by informing
the trial court that the apex court has listed the AIADMK
supremo's appeal for hearing on March 19.
The case was transferred to a Bangalore court by the
Supreme Court in 2003 during her chief ministership on a
petition by DMK leader K Anbazhagan saying the manner in which
the Chennai trial court had proceeded with the cases raised
doubts over a free and fair trial.
Assailing the March 10 order of High Court,
Jayalalithaa submitted the chargesheet did not make out any
case against her.
The petition said the Special Judge, Chennai, had not
applied his mind and cognisance of the chargesheet of June
5, 1997, was taken mechanically adding the case was
transferred at the instance of her political rival from Tamil
Nadu.
The AIADMK chief is accused of amassing Rs 66.65 crore
between 1991 and 1996 when she was the Chief Minister.
Her appeal pointed out that the High Court did not
address the specific issues raised by her and, hence, its
order was unsustainable in law.
She also contended that the entire proceedings were
directed to harass her and the High Court failed to take into
account this aspect.
The trial court has already issued directions for
recall and examination of 42 witnesses by the prosecution
between March 18 and 27.
The High Court also rejected Jayalalithaa's prayer for
quashing a 1997 order of a Chennai trial court which took
cognisance of Tamil Nadu Directorate of Vigilance and
Anti-Corruption's complaint that she amassed wealth
disproportionate to her known sources of income during that
period.
The High Court had said Jayalalithaa was "ably
represented by eminent lawyers", had participated in the trial
of the case during which 200 witnesses were examined and
cross-examined over a 13-year period.
"It is not open for her now to seek quashing of the
proceedings on the premises that the order taking cognisance
of the offence passed on June 5, 1997, is a nullity and is not
in accordance with law," it said in the order.
PTI
First Published: Tuesday, March 16, 2010, 20:32