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TANSI case: Jayalalithaa withdraws SLP in SC
By Our Legal Correspondent
NEW DELHI
FEB. 28
A five-Judge Constitution Bench of the Supreme Court today dismissed as withdrawn a special leave petition (SLP) from the AIADMK general secretary, Jayalalithaa, challenging the sanction accorded by the then Governor of Tamil Nadu, the late M. Chenna Reddy, to the Janata Party president, Subramanian Swamy, to prosecute her in the TANSI' and coal' cases.
When the matter was taken up today by a Bench headed by the Chief Justice, S.P. Bharucha, senior counsel for Ms. Jayalalithaa, K.K. Venugopal, submitted that she was withdrawing the SLP as she had been acquitted by the courts in these two cases (based on fresh sanctions) accorded by the Governor.
Counsel said that though an appeal (filed by the DMK lawyer, R.S. Bharathi) against her acquittal in the TANSI case was pending in the Supreme Court, she preferred withdrawing this SLP and raise the questions at appropriate proceedings.
The Bench, which included Justice R.C. Lahoti, Justice N. Santosh Hegde, Justice Ruma Pal and Justice Arijit Pasayat, dismissed as withdrawn the SLP leaving the question of law open to be raised by Ms. Jayalalithaa in an appropriate proceeding.
The question raised by Ms. Jayalalithaa was whether in according sanction for prosecution, Governor could exercise his discretionary powers or he had to abide by the aid and advice of the Council of Ministers (in this case, without the Chief Minister).
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