New Delhi, Oct 14: The Supreme Court today began hearing on a petition seeking transfer of two disproportionate assets cases against Tamil Nadu Chief Minister J Jayalalithaa from Chennai to another place outside the state alleging bias against the prosecution and apprehending that it would result in miscarriage of justice. Appearing for petitioner K Anbazghagan, an advocate and DMK General Secretary, senior advocate T R Andhyarujina submitted before a bench of Justice S N Variava and Justice H that the public prosecutors in the case allowed witnesses to resile from their statements in the cases without even confronting them with their earlier statements.
He said the petitioner was making an application requesting the court to make union government a party in the petition so as to enable prosecution be conducted by an independent agency if so desired by the apex court.
Other accused persons included Jayalalithaa's friend Shashikala, her foster son V Sudhakaran and T Dinakaran.
Andhyarujina said that after Jayalalithaa was sworn in as the Chief Minister in 2001, the trial in the case which started in 1997, proceeded in a fast canter and as many as 76 witnesses were recalled for cross-examination.
He said of recalled witnesses, 64 resiled from their earlier statements and prosecution neither took any step to confront them with their earlier statement supporting the prosecution nor declared them as hostile.
As a result of this, conflicting statements of witnesses were kept on record of the trial court weakening the case, he said.
Bureau Report