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|April 7, 1999||
Jaya's counsel does an about-turn over transfer of cases
The counsel for former Tamil Nadu chief minister J Jayalalitha today withdrew his proposition made before the Supreme Court yesterday that the central notification on corruption cases against her and others was bad in law as no proper consultation was carried out with the state high court before it was issued.
Senior counsel P P Rao withdrew the proposition as soon as the hearing began before a division bench comprising Justices G T Nanavati and S P Kurdukar.
The counsel, however, maintained that the state notifications were illegal as the law did not permit exclusive trial of cases as had been tried to be achieved in this case.
Rao submitted that the state notifications were not of general nature to try cases against persons occupying high offices, but were directed against a political opponent. The notifications dated April 17 and 30, 1997, did not reflect the views of the high court as they were perused only by the acting chief justice, the counsel added.
K T S Tulsi, appearing for a former minister in Jayalalitha's cabinet, contended that of the 46 cases, 39 were at the stage of investigation when they were assigned to the three special judges. He sought to know how the state government knew in advance that these cases would result in trial.
Senior counsel Rajeev Dhawan, appearing for another co-accused, said the statute (Prevention of Corruption Act) should not be politically hijacked and powers should not exercised to meet political ends.
The hearing will continue tomorrow.
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