SC to hear T.N. CM's plea on TANSI case today

By Our Legal Correspondent

NEW DELHI, SEPT. 6. The Supreme Court will hear on Friday a petition filed by the Tamil Nadu Chief Minister, Ms. Jayalalithaa, for vacating the interim stay on hearing of her appeals in the Madras High Court challenging her conviction in the `TANSI land deal' and `Pleasant Stay Hotel' cases.

A Bench, headed by Mr. Justice S.P. Bharucha, on August 30 stayed the proceedings in the High Court on a petition filed by Mr. K.V. Venkatapathi, special public prosecutor in the appeals, seeking transfer of the appeals to some other High Court.

In her reply to the notice issued by the court on August 30, Ms. Jayalalithaa disputed the averment of Mr. Venkatapathi for transfer of the appeals. She submitted that the petition filed by Mr. Venkatapathi in which ex-parte stay was granted by the court had suppressed material facts, the averments were incorrect and intended to mislead the court.

Ms. Jayalalithaa submitted that the excerpts of the TV interview given by Mr. Venkatapathi on August 27 showed that the High Court judge had extended to him all facilities for the purpose of effectively preparing and addressing arguments in the court, and she prayed for vacating the interim stay.

In his reply, the Additional Superintendent of Police, CB CID, Tamil Nadu, Mr. N. Padmanabhan, submitted that as the Investigating Officer in these cases, he contacted Mr. Venkatapathi as early as on August 2 offering him assistance in the appeals.

Mr. Padmanabhan contended that he was in possession of the records which included the FIR, 161 Cr.P.C. statements of witnesses, police reports, charges framed and depositions. But, he said, Mr. Venkatapathi had declined to accept his assistance stating that he would be filing a petition in the High Court asking for assistance of the Investigating Officer who had actually conducted the trial.

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