District and Sessions Court Judge K. Uthirapathi has extended till January 28 the stay on a non-bailable warrant (NBW) ordered by the Parangipettai Magistrate Court against Chief Minister Jayalalithaa in a case relating to filing of nominations for the 2001 Assembly elections.
The judge will also pass orders in this regard on January 28. The petition came up for hearing before the district sessions court on Monday.
A. Sankaran of Tindivanam, counsel for Ms. Jayalalithaa, argued that when the Supreme Court had stayed the proceedings on the main petition and ordered status quo on July 10, 2007 an NBW would be out of place.
He said that no process had been filed by the complainant (the then Returning Officer of the Bhuvanagiri Assembly Constituency A.G. Selvamani) nor any notice or summons served on the revision petitioner (Ms. Jayalalithaa) till date. It was the elementary principle of law that no warrant could be issued in the absence of summons. Moreover, the main complaint was not taken on file till date.
Mr. Sankaran contended that the order passed by the Parangipettai Magistrate Court was a glaring defect of serious nature that had resulted in grave injustice. The order was passed in a slipshod manner without the application of mind, touching upon the fundamental rights of the petitioner.
Mr. Sankaran pleaded that the District Sessions Court, exercising both judicial and administrative control over the magistrate court, had to set aside the impugned order in the “interest of justice, equity and fair play.”
After hearing counsel, Judge Uthirapathi said that after going through the records he would issue detailed orders on January 28.
The impugned order issued on January 4 by the then Parangipettai Magistrate R. Gomathi Sakthi Sorupam (since placed under suspension by the Madras High Court on charges of corruption and alteration of records in a case pertaining to a private company in Salem) created a sensation as it called for the personal appearance of the Chief Minister before the magistrate court on February 16.
The recall petition filed by the Chief Minister's counsel too was posted for February 16. Meanwhile, counsel moved the District Sessions Court and obtained a stay on the impugned order.
The main petition filed by Mr. Selvamani in 2007 relates to purported violation of the Representation of the People's Act by Ms Jayalalithaa as she filed nominations in four Assembly constituencies of Bhuvanagiri, Andipatti, Krishnagiri and Pudukottai in 2001.
