Jayalalitha moves HC on Special Court order

By Our Special Correspondent

CHENNAI, DEC. 13.The former Chief Minister, Ms. Jayalalitha, has moved the Madras High Court challenging an order passed by the Special Court-II, fixing a one-month-long time-table for examination of prosecution witnesses in the `coal import case'.

Her contention is that the Special court order was against the directive of the Supreme Court in the case.

Ms. Jayalalitha was last year discharged in the coal case by the Special Court. The state's appeal against the discharge was also dismissed. But on further appeal, the Supreme Court directed her to face the trial. At that time, the chief examination of nine prosecution witnesses, including the former PWD secretary, Mr. V. Sundaram was over.

Ms. Jayalalitha's present petition contended, the Supreme Court order had stated that on completion of cross examination of such witnesses, the prosecution could examine the remaining witnesses.

However, on December 4, the prosecution had filed a memo stating that though Mr. Sundaram was summoned for examining, he had proceeded to the U.S. and would be back only on January 10, 2001. Following this, the Special Court had directed that the case was pending for four years without considerable progress. As soon as Mr. Sundaram returned to India, he could be examined, giving a week's notice to the defence counsel.

For the other witnesses, the Judge fixed the dates for examination between December 18 this year and January 18 next.

Ms. Jayalalitha contended that the trial court order violated the Supreme Court direction which stated that only after cross examination of the nine prosecution witnesses, the others could be examined, and she sought to set aside the Special Court's order.

Notice to Jayalalitha

Meanwhile, Mr. Justice B. Akbar Basha Khadiri, who today admitted an appeal filed by the Crime Branch CID, in the TANSI land deal cases, ordered eight weeks notice to Ms. Jayalalitha, her associate, Ms. Sasikala and IAS officer, Mr. T.R. Srinivasan.

Though the Special Judge III had two months ago convicted Ms. Jayalalitha and others in two TANSI land deal cases, he acquitted the former Chief Minister of charges under Sec.169 (public servants unlawfully bidding or buying property) and Ms. Sasikala and the bureaucrat of abetting the transaction.

The prosecution has now appealed against the acquittal.

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Section  : Southern States
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