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Tuesday, June 19, 2001

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Fresh petition filed against Jayalalithaa

By Our Staff Reporter

CHENNAI, JUNE 18. A new petition seeking to entrust three pending cases - `SAF Games case', `Granite case' and `London Hotels case' - against the Chief Minister, Ms. Jayalalithaa, to the CBI was filed in the Madras High Court today.

Noting that no man can be a judge in his own cause, the petition, filed by the DMK MP, Mr. C. Kuppusamy, said Ms. Jayalalithaa had taken under her control the Home portfolio which consisted of several key investigating agencies such as the DVAC and the CB- CID.

Justice will not be done when the prosecutor and the accused are virtually one and the same person, the petition said, adding that the court should direct the CBI to take over investigation, ``to be directly monitored by the High Court under judicial superintendence vested in it''.

Mr. Kuppusamy noted that as Ms. Jayalalithaa was disqualified from contesting the recent Assembly elections as per the provisions of the Representation of the People Act, she had to somehow get herself elected to the Assembly within six months as per Article 164(4) of the Constitution.

Alleging ulterior motive into the ``vindictive, motivated and malafide transfer of investigating officers'' handling several cases against Ms. Jayalalithaa, the petitioner said that it had been done to scuttle the investigation and to ensure there was no effective investigation.

As far as the TANSI cases were concerned, the investigating officer, Mr. Thikkaiyandi, was transferred to Kanyakumari, while the other officer, Mr. Jambukumaran resigned.

In the last hearing of the `Coal case', two officials turned hostile, the petitioner said.

Hence, in the changed political scenario, it is highly impossible that the pending cases would be ``fairly conducted'', Mr. Kuppusamy said, and sought a direction to the CBI to take over investigation.

MLA files petition

In a related development, the DMK MLA representing Saidapet, Mr. V. Perumal, filed a petition in the High Court seeking appointment of ``one or more counsel/prosecutors for conducting cases against Ms. Jayalalithaa''.

Noting that Ms. Jayalalitha ``appointed Public Prosecutors, who are persons owing strong allegiance to the AIADMK'' in order to stifle the due process of law, Mr. Perumal sought interim injunction to restrain the appointees from functioning in any capacity in cases against her.

Most of the Special PPs who efficiently conducted cases against her have resigned from their posts, the petitioner said, adding that consequently prosecution has come to a standstill in the Special Courts.

Any judicial appointment by Ms. Jayalalithaa, who has been convicted in three cases besides being an accused in several other cases, will be activated by only self-serving objectives, Mr. Perumal stated.

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