M A I N   N E W S

SC erases HC order

NEW DELHI, April 25 (PTI) — The Supreme Court today erased a Madras High Court judgement discharging AIADMK Chief Jayalalitha from the Rs 3.5 crore TANSI land scam case saying that the discharge was unwarranted as the trial in the case had reached an advanced stage.

With this, Ms Jayalalitha would face trial in the case despite she once being discharged from the case by the high court.

A Division Bench comprising Mr Justice K.T. Thomas and Mr Justice Ruma Pal passed this order after Jayalalitha filed an application seeking withdrawal of revision petitions before the high court on which the order of her discharge was made.

The Bench, after perusing her application, said “we declare that the January 13 judgement of the high court will stand erased.”

The apex court directed the trial court to conclude expeditiously the trial in the case saying “the trial will decide the case and the law points involved in it as if the high court had not pronounced any view in the matter.”

In another important development, the Tamil Nadu government conceded before the Supreme Court that the offence of cheating made against Jayalalitha in the case was not sustainable on the facts and circumstances of the case.

The court also said that liberty was being given to Jayalalitha to “raise all such contentions which she thinks necessary before the trial court at the final stages of the trial.”

On the High Court order, the Bench said “it is not proper for the High Court to express its views on the merits and law points involved in the case when the trial had reached such an advanced stage.”

The court, while hearing this case on April 18, had observed “pre-empting of the trial is neither the practice nor a precedent of the Supreme Court.”

The government had alleged that the purchase made by Jaya Publications and Sashi Enterprises, both owned in partnership by Jayalalitha and her confidante Sashikala, made her liable to be prosecuted under Section 169 of Indian Penal Code which barred public servants from bidding for government properties.

She was also charged under various sections of the Prevention of Corruption Act for allegedly abusing her official position as Chief Minister.

Mr Justice S. Thangaraj of the Madras High Court had on January 13 discharged Jayalalitha from the case saying that there was no prima facie material to frame charges against her.

CHENNAI (UNI): The Madras High Court on Tuesday admitted a revision petition filed by former AIADMK Minister Mohammed Asif, an accused in the Tansi land deal case, in which former Tamil Nadu Chief Minister and AIADMK general secretary J. Jayalalitha, is cited as the prime accused, objecting to the tape recording of evidence by Special Judge-3, P. Anbazhagan.

Mr Justice, I. David Christian ordered issuance of notice, returnable after summer vacation, to the state government.

In his petition, Mr Asif said the special judge had been recording the evidence of all witnesses and typing down the evidence of witnesses. There was no procedure in law to tape record evidence. Also the special judge had accepted the hand written additions made by the witnesses in their recorded deposition, he added.