New Delhi, Nov 18: The Supreme Court today transferred the trial of two disproportionate assets cases against Tamil Nadu Chief Minister Jayalalithaa from Chennai to Bangalore. Allowing a transfer petition by DMK general secretary K Anbazghan, a bench comprising Justice S N Variava and Justice H K Sema directed the Karnataka High Court Chief Justice to constitute a special court and appoint a special public prosecutor for conducting trial of the two cases in which it was alleged that Jayalalithaa had amassed wealth to the tune of Rs 66 crore disproportionate to her income.

Reflecting on the manner in which the trial in the two cases gained momentum after Jayalalithaa became the chief minister and the way witnesses whose statements were recorded earlier resiled from their statement, the bench said "if free and fair trial was not done, public confidence in the justice delivery system will be shaken."


The facts and circumstances relating to the trial of the two disproportionate asset cases against Jayalalithaa was such that it cast a doubt about the impending failure of justice, Justice Sema, writing the judgement for the bench, said.

Allowing the petition filed by Anbazaghan, the bench said the special court would be constituted at Bangalore and the trial of the cases would begin "as soon as possible" as the cases filed under prevention of corruption act, 1988, have been pending since 1997.

Directing the crime branch of Tamil Nadu Police to render all possible cooperation to the public prosecutor to be appointed by the Karnataka High Court, the bench said that the new public prosecutor would be at liberty to recall any witness and cross-examine him.

It was alleged by the petitioners that after AIADMK headed by Jayalalithaa assumed the reins of governance, as many as 64 witnesses had resiled from their statement but the public prosecutor took no steps to declare them "hostile".

Bureau Report