The Additional Chief Metropolitan Magistrate Court (ACMM)-Economic Offences (EO)-II on Wednesday framed charges against T.T.V. Dhinakaran, nephew of V.K. Sasikala, in a FERA violation case registered against him nearly 21 years ago.
The case against Mr. Dhinakaran is that he acquired $1,04,93,313 in foreign exchange without permission from the Reserve Bank of India (RBI) and deposited it in the current account of Dipper Investments Ltd., a company incorporated in the British Virgin Islands, with Barclays Bank, Sutton, United Kingdom. Clubbing the case with another one, the ED had slapped a fine of ₹28 crore on him.
In the case, the ACMM discharged him in 2015 and the ED preferred an appeal against the order. Recently, the Madras High Court quashed the order of the ACMM court and directed it to proceed with the trial. Hence, the ACMM court took up the case for framing charges. However, before reaching this stage, the proceedings had to be adjourned several times since Mr. Dhinakaran was not present in the court.
Even on Wednesday morning, there was high drama when Mr. Dhinakaran appeared before the court. His advocates prayed the court to adjourn the hearing citing that the Madras High Court was going to take up an appeal in connection with the case in the afternoon. In response, ACMM S. Malarmathy sternly said, “Unless there is a specific order from the High Court, I cannot adjourn the case.”
Magistrate acts tough
After much pleading by Mr. Dhinakaran’s counsel, she adjourned the case to 3.p.m. and made it clear that the former should appear without fail. When Mr. Dhinakaran entered the court room ahead of the scheduled time, the ACMM said, “I did not call you now. Why did you come before calling?” Chastened, Mr. Dhinakaran went out and waited outside the court hall.
Sharp at 3 p.m., the ACMM took up the case and began to read out the charges against Mr. Dhinakaran. His advocates interrupted with a plea to adjourn the case saying they were going to appeal in the High court.
Unwilling to accept their plea, Ms. Malarmathy said, “I have already given many adjournments in the last three weeks.” “All are equal before law. I have to follow the procedure by explaining case details to the person who stands accused. Framing charges can be done without the assistance of advocates,” she added. Then the ACMM called Mr. Dhinakaran before the dais and read out the charges against him. “I deny the charges. All are false,” Mr. Dhinakaran replied. The ACMM posted the case for further trial-cross examination of prosecution witnesses to May 10.
Later, Mr. Dhinakaran prayed that the court adjourn the hearing on yet another case which was scheduled to be held on Thursday, on the grounds that he would have to participate in some rituals following the death of a close relative. The ACMM rejected his plea and asked him to come on Thursday as well. “There is no advance booking here,” she told him.
