Refusing to adjourn the hearing, the Karnataka High Court on Monday commenced the hearing of appeals filed by AIADMK general secretary Jayalalithaa and three others questioning their conviction in the Rs.53.6 crore disproportionate assets case. Jayalalithaa’s counsel sought adjournment till January 12 to enable a senior lawyer from Delhi to begin the argument on the appeal.
However, the Special Bench of Justice C.R. Kumarswamy rejected the plea pointing out that it cannot grant adjournments in view of the Supreme Court’s direction for day-to-day hearing of the appeals.
“I can’t simply adjourn the case. It is a specially assigned case and the proceedings has to go on day-to-day basis,” the judge told the counsel pointing out they should have been conscious of the fact that it was they who had sought the order from the Supreme Court for day-to-day hearing of the appeals.
Earlier, BJP leader Subramanian Swamy personally appeared before the Court and sought permission to present his arguments pointing out that it was on his private complaint, filed in 1996, the probe on the disproportionate assets had commenced, before it was taken over by the Directorate of Vigilance and Anti- Corruption wing of the Tamil Nadu in 1997.
Dr. Swamy pointed out that the Supreme Court had given him an opportunity of hearing in the plea filed by Jayalalithaa seeking bail last year.
When the Court asked whether he could assist the special public prosecutor (SPP) in the case, Dr. Swamy refused to accept that suggestion while insisting that he was entitled to be part of the proceedings as per a law laid down by the Supreme Court and sought time to produce citation on law.
Meanwhile, an application was filed on behalf of DMK leader K. Anbazhagan to be an intervener in the appeal while pointing out that the trial court had permitted him to assist the SPP.
The Court asked the SPP to file his objection on Mr. Anbazhagan’s plea and told his counsel that the permission granted by the trial court to act as an intervener was not binding on the High Court.
Later, B. Kumar, a Senior Counsel appearing for Ms. Jayalalithaa, commenced arguments and took the Court through details of the FIR and the charge sheets filed by the Directorate of Vigilance and Anti- Corruption wing of the Tamil Nadu in 1997.
At the end of day’s argument, the counsel for Ms. Jayalalithaa again made a plea for adjournment, this time till January 8, but the Court declined the request. Further hearing will continue tomorrow.
Twists and Turns
- › The charges: Conspiracy: As CM, Jayalalithaa conspired with three others to acquire assets to the tune of Rs. 66.65 crore
- › Disproportionate Assets: The assets were disproportionate to her known income
- › Abetment: The other three abetted the offence by acting as benami owners of 32 private firms
- › Prosecution's take: Modus operandi was to deposit cash in benami firms’ accounts
- › Prosecution's take: The firms gave her address as theirs while opening accounts
- › Prosecution's take: Ms. Jayalalithaa spent crores of rupees on renovations and constructions, her foster son’s wedding and possessed huge quantity of jewellery.
- › Counter: Prosecution born and out of malice and vendetta, many illegalities and defects in investigation. She had sufficient income form legal sources. Others were not benamidars.
- › Counter: No material to show sarees, watches and footwear seized were bought during her tenure.
- › Counter: Income-Tax authorities and Tribunals have accepted their returns and valuation of assets.
Published - January 05, 2015 06:58 pm IST
