The Special Court trying the Rs.66.67-crore disproportionate assets case against Tamil Nadu Chief Minister Jayalalithaa said on Wednesday that it would consider at the time of the final judgement the pleas of all the accused to “eschew the charge of abetment,” one of the three charges framed against them.
Judge John Michael Cunha passed the order, disposing of the applications filed by Ms. Jayalalithaa and other accused V.K. Sasikala, V.N. Sudhakaran and J. Ilavarasi.
The charges were framed on October 21, 1997.
‘It’s against law’ The accused requested the Special Court, where the proceedings are at the final stage, to consider their pleas before continuing the final arguments. They said the framing of the abetment charge went against the provisions of the law.
‘No particulars’
In their applications, filed on August 12, 2014, the accused said the charge was silent on the time, place and particulars of the offences of abetment as required under Sections 311, 312, 313 and 318 of the Code of Criminal Procedure (Cr. PC). This denied them an opportunity to defend themselves effectively.
They said the charge neither segregated the alleged disproportionate assets accused-wise nor named the 32 business enterprises linked to them in the charge sheet.
‘A dilatory tactic’ However, the Special Public Prosecutor argued that the application was filed, after 17 years, “to protract” the proceedings. “The accused understood the charges and answered them, and cross-examined 259 prosecution witnesses, besides answering the court’s question under Section 313 of the Cr.PC. Even when their statements were recorded, they did not say the charges were not recorded as per the Cr. PC,” he said.
