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|February 12, 1999||
DVAC contests Jaya's case against validity of special judge
The Directorate of Vigilance and Anti Corruption today submitted before a special judge trying corruption cases against former Tamil Nadu chief minister and All India Anna DMK chief J Jayalalitha and some of her erstwhile cabinet colleagues that her petition challenging the validity of the special judge trying the case relating to the Kodaikanal Pleasant Stay Hotel's construction had no legal validity.
The DVAC filed its counter before Sambandam, one of the three special judges, as special judge 2 V Radhakrishnan who is trying the case, was on leave today.
On February 3, special judge Radhakrishnan had issued notices to the DVAC on the petition filed by Jayalalitha and former local administration minister T M Selvaganapathy, who is one of the prime accused in the case.
In its counter, the DVAC discounted Jayalalitha and Selvaganapathy's contention that the legislature in its collective wisdom had regularised the construction of seven floors for the Pleasant Stay Hotel by amending Section 217 of the District Municipalities Act as the DMK government too had carried out such a procedure amending Section 12 of the City Tenant Protection Act in 1971 to get over an apex court order.
It submitted that Jayalalitha's claim of immunity on this count under Article 194 of the Constitution was not legally tenable.
It had referred to amending Section 217 of the District Municipalities Act in the final chargesheet only to indicate the sequence of various events connected with the case and not as an act amounting to the offence of criminal misconduct by public servants, the DVAC submitted.
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