The Supreme Court on Tuesday granted last opportunity to Chief Minister Jayalalithaa to file her response to a special leave petition filed by the Central Bureau of Investigation challenging a Madras High Court judgment setting aside the ‘three lakh US dollars case’ against her on the ground of inordinate and unexplained delay in the investigation and trial stage.
A Bench of Justices S.S. Nijjar and Ibrahim Kalifulla posted the matter for final disposal on the available date in January or February next.
The Additional Solicitor General, Siddharth Luthra, told the court that notice was issued in February last year and reply was yet to be filed by respondent 1 (Ms. Jayalalityaa and respondent 2. K.A. Sengottaiyan) and he said every time adjournment was being sought.
Senior counsel K. Subramanian, appearing for third respondent Azhagu Thirunavukkarasu said response had been filed.
The Bench made it clear that pleadings would have to be completed before the final hearing, which would take place even if response was not filed. The CBI had filed an appeal against the impugned judgment dated September 30, 2011 on the petition filed by Ms. Jayalalithaa praying for quashing the FIR.
The CBI’s allegation against her was that while she was functioning as Chief Minister, she accepted 89 demand drafts worth Rs. 2,00,00,012 drawn in her favour from various banks in Tamil Nadu in the names of 57 persons on the occasion of her birthday in 1992 and received Rs. 15 lakh in cash, totalling Rs. 2,15,00,012 and disclosed the same in her income tax returns as gifts. She also received remittance of US dollars three lakh by way of demand draft dated December 23, 1991, issued by Bankers Trust Company, New York, drawn on ANZ Grindlays Bank, St.Halia, Jersey.
The CBI said the investigation revealed that there was no evidence in respect of the first offence and investigation continued regarding the receipt of three lakh US dollars.
Acting on a petition from Ms. Jayalalithaa that there was inordinate delay in the investigation and trial, the High Court quashed the proceedings.
