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May 6, 1998

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Judge throws out Jayalalitha's petitions in corruption case

Special Judge V Radhakrishnan, who is trying corruption cases against former Tamil Nadu chief minister J Jayalalitha and her erstwhile cabinet colleagues, today dismissed her petition seeking that the colour television scam case be heard by another judge, and said her submission amounted to contempt of court.

Pulling up Jayalalitha's counsel, the judge said probably the counsel had filed the petition as he could not find any other ground for further adjournment of the case.

The judge said the submission of Jayalalitha, prime accused in the case relating to misappropriation of Rs 85.3 million in the purchase 45,302 of colour television sets for local bodies, that she would not get justice from him as he was allegedly close to former AIADMK minister K K S S R Ramachandran who had now turned her adversary and joined the ruling DMK, had no substance.

The judge said if her submission was accepted, no one could serve as a judge and it was nothing but a veiled threat to the judiciary and amounted to interference in the course of justice.

Referring to her submission that he had participated in functions organised by Ramachandran three years ago, the judge said it was absurd and meaningless to contend that when a judge attended a function he would get closer to those who attended the function and might not discharge his official duties without bias.

Meanwhile, the special judge reserved orders for May 14 on Jayalalitha's another petition seeking to discharge her from the case.

Along with Jayalalitha, the other accused, former minister V R Nedunchezhiyan, the then local administration minister T M Selvaganapathy, former state chief secretary N Haribhaskar, IAS officers H M Pandy and V Satyamurthy and K Janardhanan had also filed discharge petitions on Tuesday.

The judge also directed that all the accused in the case should be present in the court on that day.

In her petition, Jayalalitha had submitted that the court taking cognisance of the case was invalid.

She submitted that the final report filed by the state crime branch (CB-CID) police did not state that the Centre had not granted sanction to prosecute Haribhaskar. This was in violation of the Supreme Court ruling that such sanction was necessary even if the person concerned ceased to be a public servant, she contended.

UNI

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