Southern States - Tamil Nadu

TANSI cases: DMK moves SC again for early hearing

By J. Venkatesan

NEW DELHI April. 12. The DMK, which had already filed appeals against the acquittal of the Tamil Nadu Chief Minister, Jayalalithaa, by the Madras High Court in the `TANSI cases', has again filed an application for early hearing of the criminal appeals.

On January 22, the Supreme Court, while granting leave to the DMK advocate, R.S. Bharathi, to file the appeal against the impugned judgment dated December 4, last, also gave him liberty to file an application and mention (before the Chief Justice of India) for early listing and hearing of the appeals.

In the present application (expected to be heard in the next few days), Mr. Bharathi submitted that these criminal appeals raised substantial questions of law of national and general public importance as to whether a Chief Minister could at all purchase a property belonging to the State Government of which he/she was the head.

He said the High Court had adopted an erroneous approach in interpreting the law as well as the appreciation of evidence contrary to the principles laid down by the apex court.

He cited an apex court judgment in K.C. Sareen vs CBI in which the court had observed "proliferation of corrupt public servants could garner momentum to cripple the social order if such men are allowed to continue to manage and operate public institutions''.

The judgment further said "the mere fact that an appellate or revisional forum has decided to entertain his challenge (against the acquittal) and to go into the issues and findings made against such public servants once again should not even temporarily absolve him from such findings''.

Mr. Bharathi said that this was an extraordinary case wherein a former and present Chief Minister had been convicted for the first time and later acquitted by the High Court.

Having regard to the nature of the matter involving serious corruption charges against Ms. Jayalalithaa and other top officials, it was just and necessary in the interest of purity in public administration, that she and others should not be permitted to occupy public office till the matter was finally adjudicated by the apex court, he said and prayed for a direction for fixing an early date for hearing the appeals.

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