Bangalore: Special Public Prosecutor in the disproportionate assets case against Tamil Nadu Chief Minister Jayalalithaa and three others on Monday filed a fresh petition in the Special Court, seeking its direction to produce before it the seized silver articles weighing 1,116 kg belonging to her.
The silver articles had been entrusted to the Chief Minister`s then secretary and consultant V Baskaran, SPP Bhavani Singh said in his plea before Bangalore Special Court Judge, John Michael D`Cunha.
Singh sought the court`s direction to recall appraiser Vasudeven, who had weighed the seized silver articles, to mark the wares as material objects, "to render justice."
On December 12 last year,the court had ordered the transit of the seized material by Dec 21, stating it was required for giving fair justice. A plea in this regard was filed by DMK General Secretary K Anbazhagan before the court.
In his application, Anbazhagan had pleaded that the court take custody of 800 kg silver, 28 kg gold, 750 pairs of shoes, 10,500 sarees, 91 watches and other items seized in a raid in 1997 as evidence.
Singh, in his fresh petition, said the silver articles have to be brought to the court for making them as material objects and proving their evidentiary value.
"If this is not done, the value of silver articles cannot be proved by the prosecution. Therefore, the said procedural defects have to be cured by bringing the silver articles to the court custody and marking the same as material objects for arriving at just decision of the case," he said.
Though gold and diamond ornaments were taken into custody by the investigating agency and produced before the Special Court in Chennai in 1998, the silver articles were handed over to Baskaran, Singh said.
After receiving the silver articles, Baskaran gave a letter of undertaking on Dec 12, 1996 that he would keep the items in his custody and produce them before the court whenever required, Singh said.
The prosecution had filed an application for interim attachment of the properties before the Special Judge,Chennai. The court passed an order of issuing notice to Baskaran to produce before the silverware entrusted to him, but till date the articles had not been produced before it, Singh said.
The judge posted the matter for hearing tomorrow.