HC suspends order convicting former AIADMK minister

HC suspends order convicting former AIADMK minister
PRESS TRUST OF INDIA

CHENNAI, FEB 22: The Madras High Court today suspended a special judge's order convicting former Tamil Nadu minister T M Selvaganapathy in the Pleasant Stay Hotel case and sentencing him to one year rigorous imprisonment on February 2.

Giving the interim direction, Justice I David Christian also granted bail to the former AIADMK minister on furnishing a bond for Rs 2000 and one surety for a like amount.

In his appeal against Special Judge V Radhakrishnan's order, Selvaganapathy contended that it was against law and the evidence, produced by the Directorate of Vigilance and Anti-Corruption, was based on misconceptions of facts and circumstances.

He alleged that the trial judge had acted upon surmises, general impressions and imaginary presumptions and concluded that he was guilty of conspiring with Rakesh Mittal and Palai M Shanmugham, promoters of the hotel.

The Governor's order to prosecute him was also illegal and vitiated the entire trial and by holding the order valid, the court had erred both in law and in facts, he contended.

On the courts ruling that a 1994 Tamil Nadu government order relaxing building rules and norms was not issued in public interest, Selvaganapathy said Kodaikanal, where the seven-storeyed hotel was constructed, was a tourist centre and hence permission for construction of the hotel was in public interest.

Claiming that there was no legal evidence to connect him with any conspiracy, he alleged that his prosecution was ``politically motivated''.

Selvaganapathy, who was local administration minister in the Jayalalitha government, was convicted to one year RI on two counts and six months RI on another count and fined Rs 1000 on three counts under sections of IPC and the Prevention of Corruption Act by Special Judge V Radhakrishnan.

Jayalalitha, the prime accused in the hotel case, was also found guilty by the judge and sentenced to one year RI. She had appealed against her conviction on February 7.

Besides Jayalalitha and Selvaganapathy, others convicted in the case were former municipal secretary H M Pandey, Rakesh Mittal and Shanmugham.