Prisoner challenges preference for Jayalalithaa appeals

By Our Staff Reporter

CHENNAI, AUG. 8. A prisoner, serving life-term in the Vellore jail, has filed a habeas corpus petition, challenging the High Court Registry's move to post the Chief Minister, Ms. Jayalalithaa's appeals against her conviction in the ``TANSI land deal cases'', overlooking the seniority of over 6,000 appeals pending since 1995.

Ravivarma (35) was found guilty by VI Additional Sessions Court here and sentenced to undergo life imprisonment in 1996. His appeal is pending in the High Court.

According to the petitioner, the HC Registrar (A.S) issued a notification on July 12 this year, asking counsel to prepare documents for criminal appeals of 1995-96. On July 30, the Registrar prepared an office note to the Chief Justice, seeking to post Ms. Jayalalithaa's appeals before Mr. Justice S. Jagadeesan. The same was approved and subsequently posted before the judge on August 3.

Ravivarma contended that as per the notification, the cases of the accused currently in jail alone should be listed for early disposal. ``It is not known how the Registrar gave preference to these two appeals over the numerous criminal appeals from 1995 to 1999 (numbering 6,505) which stand pending''.

The respondent (Registrar) had no authority to post the two criminal appeals of 2000, overlooking the cases pending since 1995, when persons like me have been lodged in jail for more than seven years. ``The respondent discriminates between one convict and the other convict'', the petition said.

Ravivarma also said a number of date-fixed criminal appeals were yet to be listed for early disposal. ``Even when the date-fixed appeals are not listed, it is not known why the Registrar has made arrangements to post the appeals of Ms. Jayalalithaa alone in the list''. He also asked how the Janata Party president, Dr. Subramanian Swamy's petition seeking to implead himself as a party in the case was posted before Mr. Justice S. Jagadeesan for maintainability, when, as per the sitting list arrangements, such petitions should have been posted before Mr. Justice Malai. Subramanian.

The petitioner alleged that the respondent had listed Ms. Jayalalithaa's appeals ``out of turn to circumvent'' the quo warranto proceedings pending before a Constitutional bench of the Supreme Court, where the hearing is scheduled for September 4.

Ravivarma prayed to the court that it direct the Registry to list the criminal appeals in a chronological order for final disposal, with a preference to list the appeals of those serving their terms in jail. The petition is likely to come up for hearing tomorrow.

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Section  : Southern States
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