The Hindu : SC moved for transfer of `wealth case' outside T.N.

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Saturday, Feb 08, 2003

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SC moved for transfer of `wealth case' outside T.N.

By J. Venkatesan

NEW DELHI Feb. 7. The DMK has moved the Supreme Court seeking transfer of the `Rs. 66.65 crores disproportionate wealth case' against the Tamil Nadu Chief Minister, Jayalalithaa, pending before a Special Court in Chennai, to a court outside Tamil Nadu to ensure a fair trial.

The general secretary of the DMK, K. Anbazhagan, in his petition filed through counsel, V.S. Pragasam, said the `wealth case' filed against Ms. Jayalalithaa under the Prevention of Corruption Act, was almost over and the prosecution had examined nearly 250 witnesses and the prosecutor had closed the case in August 2000.

After Ms. Jayalalithaa became the Chief Minister, the public prosecutor was replaced and the investigating officer was also changed. As a result several witnesses were recalled for cross-examination and some of them had already turned hostile and this did not inspire confidence in the minds of the public that a free and fair trial would be conducted by the present prosecution.

Further, recalling most witnesses after a lapse of several months itself had created a strong likelihood of an official bias in the conduct of the prosecution when the Chief Minister of the State was cited as the first accused in the case.

The petitioner submitted that in view of the above position, the cases pending against Ms. Jayalalithaa should be entrusted to an independent agency. The police officers under the control of the State Government could not be expected to act against her diligently.

There could be every attempt to save Ms. Jayalalithaa and others from punishment as the Directorate of Vigilance and Anti-Corruption under her control was in a position to monitor and administer the investigation and prosecution of the cases, he said.

This, the petitioner said, had given rise to reasonable apprehension that she would naturally tend to cripple and thwart the investigation and conduct of trial by all possible means.

Also the officers under her control would be compelled to function in an atmosphere surcharged with bias and undue influence leading to ineffective collection of evidence or distortion of evidentiary materials hitherto in the trial of the case. It would result in negation of justice and rule of law.

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