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No end in sight for special court cases

By K. T. Sangameswaran

CHENNAI OCT. 19. For want of a government order, trial of cases pending before special court-I, located in the Chennai Collectorate building, has come to a standstill. Even as the police are registering cases against former DMK rulers under the Prevention of Corruption Act, one is not certain when the ones already before the court will come to an end, given the delay for various reasons.

If earlier it was a wait for the Government's nod for extension of the tenure of the courts beyond June 30, now it is for an order for transfer of the cases pending before special court-I to the redesignated courts.

When the tenure of the three special courts, constituted by the DMK Government on April 17, 1997 to try cases booked under the PCA against AIADMK Cabinet members, who held posts during 1991-1996, ended on June 30 this year, the next move by the AIADMK Government became the talking point in legal circles. The `suspense' was lifted after it issued an order granting extension till July 31 for the then special court-I. This was done taking into consideration the retirement of the then presiding officer that day. The tenure of special courts-II and III was extended till June 30 next year.

The Government took the decision based on the proposal by the High Court, which also said it would again monitor the situation in the last week of September to decide whether the two courts should continue or one was sufficient, after taking into account pendency.

After the abolition of the then special court-I, the other courts were redesignated as special courts I and II. The High Court wrote to the Government for transfer of the cases before special court-I to the redesignated courts. However, it is yet to issue the order.

Besides the Rs.66.65-crore "disproportionate wealth case" against Jayalalithaa, the cases pending before special court-I relate to a "fire service scam", involving the former Directors of Fire Service, E. Hariharane and G.Veeraraghavan, the "SPIC disinvestment scam", registered by the CBI, in which Ms. Jayalalithaa, the former Industries Secretary, C. Ramachandran, and the SPIC Vice-Chairman, A. C. Muthiah, are the accused, and the unnumbered London Hotels case, involving her and her party MP, T. T. V. Dinakaran.

Cross-examination of prosecution witness by defence was on in the "disproportionate wealth case" when the AIADMK Government took over. Meanwhile, the High Court transferred the "London Hotels case" to the special court. Subsequently a question arose whether it should be clubbed with the main wealth case or conducted separately.

The "fire service scam" case has reached the stage of examination of the investigating officer, but has been held up for want of the government order.

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