SC accepts Jayalalitha's plea in colour TV case

By Our Legal Correspondent

NEW DELHI, MAY 5. The Supreme Court today permitted the former Tamil Nadu Chief Minister, Ms. Jayalalitha (petitioner), to have herself and three others examined as `defence witnesses' in connection with the trial of the `colour TV scam case' (in which she is one of the accused) by a Chennai Special Judge (trial court).

A Bench consisting of Mr. Justice K. T. Thomas and Mr. R. P. Sethi said that the petitioner should submit the list of the specified witnesses along with an appropriate application under 315 of the Code of Criminal Procedure (Cr.P.C.) - (seeking the permission of the trial court to examine herself as a defence witness) - before the trial court on May 9.

The trial court would then issue `summons' to the petitioner's counsel. The summons would then be served on the defence witnesses so that their examination would not commence earlier than May 15.

The Bench observed that in the interest of justice, one more opportunity should be given to the petitioner to produce and examine defence witnesses in the trial court.

In the event of her not filing an application by May 9, the trial court need not give further time and it could proceed with the case. The Bench was disposing of a special leave petition (SLP) from the petitioner against an order of the Madras High Court which dismissed her petition seeking to quash an order of a Special Court closing her defence witnesses' examination and also refusing her plea to recall and examine some prosecution witnesses.

The Bench said the High Court was right when it observed that it was the discretion of the Trial Court under Section 311 of the Cr.P.C. in the matter of recall of witnesses.

(Section 311 deals with the powers of the Court to summon material witness or examine persons present.)

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