The Madras High Court on Monday dispensed with the personal appearance of former Transport Minister K.A. Sengottaiyan in the ‘gifts case' against former Chief Minister Jayalalithaa.
Mr. Sengottaiyan is as an accused in the case, which relates to Ms. Jayalalithaa allegedly accepting 89 demand drafts for Rs.2 crore on her birthday in 1992.
He had filed a revision petition in the High Court against the order of XIII Additional Special Court for CBI cases dismissing his petition seeking discharge from the case. He had also prayed the court to dispense with his personal appearance before the trial court until the disposal of the revision.
After dismissing the discharge petitions, the trial court had posted the case for framing of charges on May 11.
In his revision, filed through counsel V. Shanmuga Sundar, Mr. Sengottaiyan stated that the trial court had failed to consider the grounds raised in the discharge application. This would clearly show non-application of mind.
In his order, Justice K.N. Basha said that the Supreme Court had said that in the event of the relief of interim stay not being granted, the petitioner was entitled to seek the relief of expediting the hearing of the main case itself.
Special Public Prosecutor, CBI, N. Chandrasekharan, contended that dispensation of the petitioner's personal appearance would amount to granting stay.
Mr. Justice Basha said that the petitioner should be given a reasonable opportunity to put forth his contentions. No prejudice would be caused to the prosecution in the event of granting the relief of dispensation of his appearance. Substantial question of law had been raised in the matter. That required elaborate consideration by perusing the material available on record and hearing both sides.
However, the judge dismissed Mr. Sengottaiyan's petition seeking to stay the proceedings before the trial court. The revision has been posted for June 29.
