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HC grants 2-week stay of free dhoti case

By Our Staff Reporter

CHENNAI JUNE 16. The Madras High Court today stayed, for two weeks, all further proceedings in the `Free saree/dhoti scam case' and the `Free School uniform scam case' trial, in which the former AIADMK Minister, Indirakumari, is the prime accused.

Justice P. Sathasivam granted the interim stay on two appeals filed by the Additional Superintendent of Police, CB-CID, against an order of R. Ponnuchamy, special judge-II, who dismissed the prosecution plea to recall four witnesses. He posted the matter for June 30.

The prosecution sought to recall Madappan, industrial cooperative officer (supervision) during 1994-95, in the `free uniform case', as he was the one who received a consignment and made entries in the stock register. He is yet to be examined. The other witnesses are Balasubramanian, company secretary and purchase committee member; Pollachi Jayaraman, then Chairman of the Tamil Nadu Textile Corporation, and one Chenninathan.

Citing judgments of the Supreme Court and High Courts, the petitioner contended that the prosecution had every right to recall any witness for examination at any stage to prove certain facts.

The trial court finding that there was an enormous delay of two to four years in filing the petition to summon the witnesses was not at all sound, as the accused was given permission to recall a number of witnesses after a lapse of more than two years for cross-examination, the petition said. Similar concessions should have been extended to the prosecution as well.

According to the petitioner, the evidence of these witnesses was essential for arriving at a just decision in the cases. He sought to set aside the special court order dismissing his plea to recall the witnesses, and as an interim relief sought a stay on all further proceedings in the trial court.

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