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SC adjourns ex-Minister's petition

By Our Legal Correspondent

NEW DELHI JULY 29. The Supreme Court today adjourned by two weeks a special leave petition filed by the former DMK Minister, `Arcot' Veerasamy against a Madras High Court judgment rejecting his plea that the Tamil Nadu Chief Minister, Jayalalithaa, could not prosecute a private complaint against him through her power of attorney.

A Bench comprising Justice G.B. Pattanaik and Justice Ruma Pal adjourned the proceedings on the request of the petitioner's counsel.

In his SLP, Mr. Veerasamy submitted that Ms. Jayalalithaa filed a private complaint (relating to the alleged attack on the house of the former Chief Secretary, T.V. Venkataraman) against him through her power of attorney, V.S. Sethuraman, and it was taken on file by the Chief Metropolitan Magistrate, Egmore in Chennai.

He submitted that the magistrate in April 1997 granted permission to Mr. Sethuraman to prosecute the complaint.

His objection that a power of attorney could not be allowed to proceed with the case was rejected by the magistrate and on revision, the High Court in June this year also dismissed his plea. The SLP was directed against this judgment.

Mr. Veerasamy contended that the SLP raised an important question of law whether a third party having a general power of attorney could put criminal law into motion on behalf of an aggrieved person.

He prayed for setting aside the impugned judgment and an interim stay of its operation.

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