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Online edition of India's National Newspaper 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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