In a relief to Chief Minister Jayalalithaa and her close associate Sasikala, the Madras High Court on Wednesday dispensed with their appearance, for six weeks, before a magistrate court at Egmore for answering charges in the income tax cases against them.
However, the court declined to stay the criminal proceedings against them.
‘Dispose of applications’
Within that period, the competent authority of the Income Tax Department should dispose of the compounding applications filed by the accused. Other proceedings, if any, by the trial court should go on.
Subject to further orders
The court said the proceedings before the criminal court need not be stayed for the reason that the compounding applications were pending. The court made it clear that its directives would be subject to the Supreme Court’s further orders for extending the time to complete the trial.
Ms. Jayalalithaa and Ms. Sasikala had filed petitions against a September 18 order of the Additional CMM, Economic Offences-I, R.Dakshinamuthy, directing them to appear on October 1 for questioning and framing of charges in four cases filed for alleged non-filing of returns.
Justice K.B.K. Vasuki said the proceedings before the criminal court and that before the department were different. It had been laid down that both could go on parallel. The proceedings before the criminal court need not be stayed on the ground that compounding applications were under consideration. At the same time, the judge said, it was incumbent on the department to dispose of the compounding applications as expeditiously as possible. It need not wait till the expiry of the outer limit of 180 days. If the decision on the applications went in favour of the petitioners, the continuation of the criminal proceedings was of no use.
Direct bearing on prosecution
Citing a Supreme Court ruling, the judge said any decision on the applications would have a direct bearing on the criminal prosecution pending before the court. To strike a balance, she was directing the competent authority to dispose of the applications as expeditiously as possible.
