SC erases HC order absolving Jaya in Tansi land scam

SC erases HC order absolving Jaya in Tansi land scam
PRESS TRUST OF INDIA

NEW DELHI, APRIL 25: The Supreme Court today erased a Madras High Court judgement discharging AIADMK supremo Jayalalitha from the Rs 3.5 crore Tansi land scam case saying the discharge was unwarranted as the trial in the case had reached an advanced stage.

With this, Jayalalitha would face trial in the case despite she being once discharged from the case by the High Court.

A division Bench comprising Justice K T Thomas and Justice Ruma Pal passed this order after Jayalalitha filed an application seeking withdrawal of revision petitions before the High Court on which the order of her discharge was made.

The Bench, after perusing her application said, "We declare that the January 13 judgement of the High Court will stand erased."

The apex court directed the trial court to expeditiously conclude trial in the case saying, "the trial will decide the case and the law points involved in it as if the High Court had not pronounced any view in the matter."

In another important development, the Tamil Nadu government conceded before the Supreme Court that the offence of cheating made against Jayalalitha in the case was not sustainable on the facts and circumstances of the case.

The Court also said that liberty was being given to Jayalalitha to "raise all such contentions which she thinks necessary before the trial court at the final stages of the trial."

On the High Court order, the Bench said, "It is not proper for the High Court to express its views on the merits and law points involved in the case when the trial had reached such an advanced stage."

The Court, while hearing this case on April 18, had observed "Pre-empting of the trial is neither the practice nor a precedent of the Supreme Court."

The Tamil Nadu Government had informed the Court that about 25 of the 27 witnesses were examined in one case while another 20 were examined in the other case against Jayalalitha when the Madras High Court verdict came.

The government had alleged that the purchase made by Jaya Publications and Sashi Enterprises, both owned in partnership by Jayalalitha and her confidant Sashikala, made her liable to be prosecuted under section 169 of Indian Penal Code which barred public servants from bidding for government properties.

She was also charged under various sections of Prevention of Corruption Act for allegedly abusing her official position as Chief Minister to make pecuniary gain for her and consequential loss to the state.

Justice S Thangaraj of the Madras High Court had on January 13 discharged Jayalalitha from the case saying that there was no prima facie material to frame charges against her.