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July 6, 1999
HC issues notice to Jaya on transfer of wealth case
The Madras high court today ordered the issuance of notices, returnable on July 12, to former Tamil Nadu chief minister J Jayalalitha, her aide Sasikala Natarajan, and two others on a petition seeking to transfer the case relating to their allegedly ill-gotten wealth of Rs 666.5 million from the file of the chief judge of the small causes court to Special Judge-1 S Sambandam, where trial in the case is in progress.
Justice A Ramamoorthy ordered issuance of the notices on the criminal miscellaneous petition filed by the Directorate of Vigilance and Anti-Corruption, which is investigating the case.
In its petition, the DVAC said it had registered the case against Jayalalitha, her erstwhile foster son V N Sudhakaran, Sasikala and her sister-in-law J Elavarasi on September 18, 1996.
It had filed the case before the chief judge of the court of small causes, who had ordered interim attachment of the properties of the accused.
Thereafter, the DVAC filed a chargesheet against the accused on June 4, 1997, for offences under section 13(2) read with section 13(1)(e) of the Prevention of Corruption Act and sections 120(B) and 109 of the Indian Penal Code before the special judge.
Trial in the case is in progress there, with 64 witnesses having been examined so far.
The DVAC pointed out that under the PCA, a special judge trying an offence punishable under the Act can exercise all the powers and functions of a district judge. So it prayed that the case pending before the chief judge of the court of small causes be transferred to the special judge for the convenience of the parties and witnesses, to avoid plurality of proceedings and conflicting decisions, and to meet the ends of justice.
No prejudice would be caused to the accused by transferring the case, it added.
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