Facing an Assembly session, Tamil Nadu Chief Minister J Jayalalithaa was saved the embarrassment of appearing before a Karnataka court in connection with her DA case as the Supreme Court on Tuesday granted her an exemption.
The Karnataka sessions court had ordered personal appearance of Jayalalithaa and three other accused on Wednesday. The AIADMK head, who already had a full blown legal battle against Karnataka government for removing the public prosecutor at the fag end of trial, approached the apex court pointing out “there was more than what meets the eye” behind the trial judge’s order.
The apex court, while deposing her petition on September 30 had requested the Karnataka High Court to consider granting an extension to the special public prosecutor in the case with regard to the stage of trial. Jayalalithaa’s counsel — senior advocate Shekhar Naphade pointed out to the apex court that this order was not complied by the High Court or State Government.
The bench of Justices BS Chauhan and SA Bobde failed to draw this inference and advised Naphade to file a better affidavit. “In your application you suggest that its your personal knowledge and belief. You do not disclose from whom you had this information. Since you are making such a serious allegation against the HC you file a better affidavit.”
Naphade requested the bench to consider issuing an interim order restraining his client’s appearance before the trial judge. “The Assembly session is going on and the judge is asking the Chief Minister to appear. Her appearance in Court may be stayed.” The bench granted her exemption but found no justification to exempt the other accused from complying with the Special Court’s order. The other accused included her associate VK Sasikala, along with VN Sudhakaran and J Ilavarasi. Naphade argued that the other three accused included two women, but the bench failed to be impressed and directed their appearance.