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January 6, 1999

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Jaya petitions that translated documents be handed to Sasikala

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Former Tamil Nadu Chief Minister J Jayalalitha today filed a petition before special judge-III P Anbazhagan, who is trying cases of corruption against her and her friends. She sought postponement of the Tansi land deal case, in which she is the prime accused, till copies of documents translated into Tamil were given to her associate, Sasikala Natarajan. Natarajan is one of the accused in the case.

Jayalalitha said that on a petition filed by Sasikala, the high court had held that the latter was entitled to copies of documents in Tamil.

She said that as an accused, she had every right to suggest the correct legal procedure to the court. This not only concerned Sasikala but also to herself, the petition asserted.

As per section 238 of the CrPC, the court has to satisfy itself that copies are furnished to the accused, she contended.

In this case, the issue of the court being satisfied would arise only if the high court order was complied with. As long as the proceedings contemplated under section 207 of the CrPC (furnishing of documents) was not complied with in the case of one of the accused, it was not possible to consider any other step in the law to deal with the other accused too, she said.

Jayalalitha prayed for a direction that the procedure be complied with first. Arguments on this petition are to continue tomorrow.

The judge was trying cases of corruption against Jayalalitha and some of her erstwhile cabinet colleagues during the rule of the All-India Dravida Munnetra Kazhagam.

Anbazhagan adjourned to February 2, the proceedings in a scam involving the supply of free sarees and dhoties worth Rs 167.8 million in which former minister Indira Kumari is an accused. The judge ordered issue of summons to three witnesses for examination.

In the pleasant stay hotel case that came up for hearing before special judge-II V Radhakrishnan, three prosecution witnesses were examined. They deposed about the violation of norms when permission was given by Jayalalitha for the construction of a seven-storeyed hotel complex in the Kodaikanal hills. The witnesses included the former dindigul district collector.

The judge ordered the issue of summons to six other witnesses and posted the case for February 3.

Meanwhile, special judge-I, S Sambandam, who is also trying corruption cases against Jayalaitha and her former colleagues, today abruptly adjourned the day's proceedings after finding fault with the prosecution in the Rs 610-million scandal involving free sarees and dhotis in which former minister E Madhusoodanan is an accused.

The judge got annoyed when the prosecution witness, Srinivasan, an office-bearer in the South India Co-operative Spinning Mill and former managing director of the Tamil Nadu Textile Corporation gave contradictory and inconsistent replies regarding the supply of sarees and dhotis to the government for free distribution to the poor.

The judge admonished the witness, telling him he should take the court proceedings more seriously and not be so casual. Then he turned on the prosecution and gave it a piece of his mind.

When the prosecution lawyer said he had taken charge of the case just yesterday, the judge advised him to gain a thorough understanding of the case. He then adjourned the case to January 13.

The judge dismissed a petition filed by Madusoodanan that the trail be stopped before the special court since the Centre was likely to declare the appointment of special judges by the state government as unconstitutional. The judge said the Supreme Court had not stayed the trial proceedings before the court.

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