The Supreme Court on Tuesday adjourned an appeal filed by the CBI against a Madras High Court judgment quashing the proceedings in the ‘gift case’ against the former Chief Minister, Jayalalithaa, after one of the judges on the Bench recused himself.
Justice C. Nagappan, the puisne judge on the Bench led by Justice V. Gopala Gowda, recused himself from hearing the appeal.
The case will now be referred to the Chief Justice of India, who will transfer it to another Bench. The case is likely to come up after the Christmas vacation.
The CBI’s case was that Ms. Jayalalithaa accepted demand drafts, totally valued at Rs.1.48 crore, on her birthday in 1992 without consideration from persons with whom she had official transactions or business contacts.
The former Agriculture Minister, K.A. Sengottaiyan, and the former Minister, Azhagu Thirunavukkarasu, were cited as accused for abetment.
The FIR was registered on the allegation of receipt of 89 demand drafts by Ms. Jayalalithaa from 57 persons, including a foreign DD for $3 lakh, totalling Rs. 2 crore. But, when the charge sheet was filed, the number was restricted to 21 persons, including Mr. Sengottaiyan and Mr. Thirunavukkarasu, and the value of the DDs was put at Rs.1.48 crore.
Ms. Jayalalithaa had moved the High Court to quash the proceedings, mainly on the ground of delay in the registration of the FIR and the filing of the charge sheet. The CBI appealed in the Supreme Court in 2012 after the High Court quashed the FIR on the ground of unexplained delay.
